M/S. Dra Industries Limited, v. Southern Power Distribution Company Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.28293 of 2015 ORDER:

Heard the learned counsel for petitioner and the learned Standing Counsel for respondents.

2. The petitioner company is engaged in the business of manufacture of alloy steel billets and it has set up its manufacturing unit at APIIC Industrial Park, Attivaram Village, Ozili Mandal, Nellore District. It has two units in operation and has been availing power supply from the respondents with service connections bearing Nos.NLR-247 (unit-1) and NLR-522 (unit-2). In respect of the said service connections, the petitioner entered into two HT agreements with a contracted maximum demand of 7300 KVA/HP and 10000 KVA/HP respectively. Since the respondents are imposing power cuts, the petitioner has been purchasing the power through other sources under open access. It entered into a power purchase agreement with M/s.Instinct Infra and Power Limited for purchasing power. This writ petition is filed challenging the demand of the third respondent made on 23.07.2014 demanding an amount of Rs.1,04,08,842/- towards arrears payable on account of R & C penal charges and surcharge on it with respect to service connection No.NLR522 from November, 2012 to the date of issuance of notice. 3.

Now the learned counsel for the petitioner as well as learned Standing Counsel stated that the issue is pending consideration before the fourth respondent, Consumer Grievances Redressal Forum, at the instance of the petitioner. The respondents also filed their objections and the matter is yet to be decided by the fourth respondent.

4. The learned counsel for the petitioner submits that if the demand is pressed by the respondents pending decision by the fourth respondent, the petitioner would suffer serious loss.

5. In the circumstances, with the consent of the parties, the following order is passed. The fourth respondent is directed to complete the enquiry pursuant to the complaint filed by the petitioner on 16.05.2015 for adjudication of the dispute as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order. Till such time, the third respondent shall not press the demand made in letter dated 23.07.2014.

6. The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 04.09.2015 TJMR