IN THE HIGH COURT FOR THE STATE OF TELANGANA:

HYDERABAD * * *

CIVIL MISCELLANEOUS APPEAL Nos.940, 941, 943, 944, 946, 952, 953 & 954 of 2015 Between:

Transmission Corporation of Andhra Pradesh Limited, (APTRANSCO) Rep. by its Chairman and Managing Director, Vidyuth Soudha, Somajiguda, Hyderabad - 500 082 and Others.

Appellants VERSUS M/s. Sri Gowri Shankar Cable Industries, K.M. Valasa - 532 440, Regidiamadalavalasa, Mandal, Srikakulam District, Rep. by its Managing Partner and Others.

Respondents COMMON JUDGMENT PRONOUNCED ON: 21.05.2025 THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE N.TUKARAMJI

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes

2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes _________________

P.SAM KOSHY, J * THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE N.TUKARAMJI + CIVIL MISCELLANEOUS APPEAL Nos.940, 941, 943, 944, 946, 952, 953 & 954 of 2015 % 21.05.2025 # Between:

Transmission Corporation of Andhra Pradesh Limited, (APTRANSCO) Rep. by its Chairman and Managing Director, Vidyuth Soudha, Somajiguda, Hyderabad - 500 082 and Others.

Appellants VERSUS M/s. Sri Gowri Shankar Cable Industries, K.M. Valasa - 532 440, Regidiamadalavalasa, Mandal, Srikakulam District, Rep. by its Managing Partner and Others.

Respondents ! Counsel for the Appellant(s) : Vikram Pooserla, learned Senior Counsel representing Mr. Anup Koushik.

^Counsel for the Respondent(s) : Mr. P. Sri Raghu Ram, learned Senior Counsel representing Mr. K. Raghu Babu, learned counsel for respondent No.1.

> HEAD NOTE: ? Cases referred

1. (2015) 3 Supreme Court Cases 49

2. (2019) 15 Supreme Court Cases 131

3. (2021) 9 Supreme Court Cases 1

4. (2019) 19 Supreme Court Cases 529

5. 2023 SCC OnLine SC Bom 2397

6. (2021) 18 Supreme Court Cases 790

7. (2008) 7 Supreme Court Cases 169 THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI CIVIL MISCELLANEOUS APPEAL Nos.940, 941, 943, 944, 946, 952, 953 & 954 of 2015 COMMON JUDGMENT: (per the Hon’ble Sri Justice P.Sam Koshy)

Since the issue raised in the instant appeals is one and the same, they are taken up for analogous hearing and are decided by way of this common judgment.

2. Heard Mr. Vikram Pooserla, learned Senior Counsel representing Mr. Anup Koushik, learned counsel for the appellants and Mr. P. Sri Raghu Ram, learned Senior Counsel representing Mr.K. Raghu Babu, learned counsel for respondent No.1.

3. For convenience, the facts in Civil Miscellaneous Appeal No.940 of 2015 are discussed hereunder.

4. The instant is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (briefly, the ‘A&C Act’ hereinafter). The challenge is to the order dated 20.07.2015, in Arb.OP.No.1641 of 2003, passed by the learned XIV Addl. Chief Judge, (Fast Track Court), City Civil Court, Hyderabad.

5. Vide the impugned order; the learned XIV Addl. Chief Judge had dismissed the petition filed under Section 34 of the A&C Act by the appellant herein affirming the award dated 16.11.2002, in Case No. 29/3/1/608, passed by respondent No.2 / The A.P. Industry Facilitation Council (for short, the ‘Facilitation Council’).

6. The facts relevant for adjudication of the instant appeal are that the appellant had made certain purchases of AAA and ACSR Conductors from respondent No.1 somewhere in the year 1996. The entire demand as raised by the appellant was duly supplied by respondent No.1. However, after the supply was made, the appellant failed in honoring the payment schedule and there was a considerable delay in making the payments and, in addition, there were some bills also which were outstanding. The respondent No.1, thereafter, filed a claim petition before the Facilitation Council for an amount of Rs.32,63,673/- along with interest and also directed the appellant to pay the balance of outstanding amount. The Facilitation Council after hearing