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2021 Supreme(Del) 256

SANJEEV SACHDEVA
KSK Mahanadi Power Company Ltd. – Appellant
Versus
Southern Power Distribution Company of Andhra Pradesh Limited – Respondent


Advocate Appeared:
For the Petitioner:Ramji Srinivasan, Senior Advocate, Anand Ganesan, Ashwin Ramanathan, Rajshree Chaudhary, Shivkrit Rai, Advocates.
For the Respondents:Basava Prabhu S. Patil, Senior Advocate, Ardhendumauli Kumar Prasad, Nishant Kumar, Geet Ahuja, Kushagra Raj, Ashish Madaan, Utkarsha Sharma, Sidhant Kumar, Advocates, R4, Chetan Sharma, ASG, Rajesh Gogna, CGSC, Amit Gupta, GP, Sahaj Garg, Akshay Gadeock, R. Venkat Prabhat, Karan Chhibber, Advocates.

JUDGMENT :

1. The hearing was conducted through video conferencing.

2. Petitioner impugns notice dated 19.12.2020 (sic) issued by AP Discoms seeking termination of the Power Purchase Agreement (PPA for short) and further seeks a direction to respondent no. 3 to grant consent for open access to enable the petitioner to make available the power to AP Discoms in terms of the Power Purchase Agreement.

3. Learned Senior Counsel for the respondent objects to the maintainability of the present petition. It is contended that the petition has been filed by one Mr. Anand Tiwari, the Executive-Corporate Affairs of the petitioner company. It is submitted that as the petitioner company is undergoing Corporate Insolvency Resolution Process and a Resolution Professional has already been appointed, there is no authority of said Mr. Anand Tiwari to file the present petition and the petition should have been filed by the Resolution Professional.

4. An affidavit of the Resolution Professional has been filed by the petitioner, copy of which has been forwarded over e-mail of the Court Master. The Resolution Professional has stated that the petition was filed with his knowledge and with his consent by Mr. A

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