Chairman and Managing Director Southern Power Distribution Company of Andhra Pradesh Tirupati vs Sudalagunta Sugars Limited Rep. by its Chairman and Managing Director Mr. S. Jayaram Chowdary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(AP) 996

VILAS V.AFZULPURKAR, PINAKI CHANDRA GHOSE
Chairman and Managing Director Southern Power Distribution Company of Andhra Pradesh Tirupati – Appellant
Versus
Sudalagunta Sugars Limited Rep. by its Chairman and Managing Director Mr. S. Jayaram Chowdary – Respondent

Advocates Appeared:
For the Appellants: O. Manohar Reddy,Standing Counsel for A.P. Southern Power Distribution Company Ltd.
For the Respondent:M.P. Chandramouli, Advocate.

Judgment

Pinaki Chandra Ghose, ACJ.

This writ appeal is directed against the order dt.28.9.2010 passed by the Hon'ble Single Judge, in W.P. No.8231 of 2005.

Respondent -writ petitioner filed the writ petition to declare the action of the respondents in not adjusting the import energy during the months of August 202 and November 2003 against the banked energy of the writ petitioner and raising the bills for the said two months against the petitioner, as arbitrary, illegal and without jurisdiction.

The facts of the case briefly are as follows.

Respondent -writ petitioner, which is an integrated sugar factory with co-generation of power, was sanctioned 8 Mega Watts (MW) bagasee cogeneration plant at its sugar factory by NEDCAP vide sanction letter dt.7.4.1997. The petitioner was permitted for captive consumption of 3 MW during the season and 1.2 MW during off-season. The sugar mill with 3 MW power generation went operational on 22.11.1997. Subsequent thereto, 5 MW power generator was added and commissioned on 9.6.1999. The season for sugar crushing factory commences from the first week of December and ends in April of the succeeding year. During such crushing season, the writ petition

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2012 Supreme(AP) 996

VILAS V.AFZULPURKAR, PINAKI CHANDRA GHOSEChairman and Managing Director Southern Power Distribution Company of Andhra Pradesh Tirupati – AppellantVersusSudalagunta Sugars Limited Rep. by its Chairman and Managing Director Mr. S. Jayaram Chowdary – Respondent

Cases Referred (1)

VILAS V.AFZULPURKAR, PINAKI CHANDRA GHOSE
Chairman and Managing Director Southern Power Distribution Company of Andhra Pradesh Tirupati – Appellant
Versus
Sudalagunta Sugars Limited Rep. by its Chairman and Managing Director Mr. S. Jayaram Chowdary – Respondent