Disposed

M/s Southern Power Distribution Company of Telangana (Tgspdcl) v. Grid Controller of India Limited

Telangana HC23 Jun 2025WP/25554/2024

Case brief

AI extract

What is this about?

A power distribution company challenged its publication on the Praapti default list under the Late Payment Surcharge Rules and sought access to power exchanges. As the parties' dispute was pending before the Central Electricity Regulatory Commission, which had recorded interim protections, the writ petition was disposed with the earlier stay continuing until CERC's final decision.

What did the court decide?

Writ petition disposed; parties to pursue remedies before CERC; stay dated 12.09.2024 continues till final decision by the Commission; no costs.

M/s Southern Power Distribution Company of… — Writ and Judicial Review | Telangana HC (2025)

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[^32s5 ]

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HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENTY THIRD^{DAYOF JUNE} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{N.V.SHRAVAN KUMAR}

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WRIT PETITION NO: 25554^{OF 2024}

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Between:

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Ivl/s Southern Power Distribution Company^{of Telangana (TGSPDCL), 6-1-50'} 3rd Floor,^tt4int Compound,^{Hyderabad-500 063,Rep. by its Chief Engineer} Sri K Ramulu

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...PETlrtoNER

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AND

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1 Grid Controller of lndia^{Limited, (A Governmentof lndia Enterprise),B-9,} Qutab lnstitutional Area^{Katwaria Sarai, New Delhi - 1 10016, Rep. by its} Chairman AND Managing^{Director Sri S.R.Narasimhan.}

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2 power f inance Corpoiati-on PFC Consulting Limited, Registered O[i99 A Wing Statesman Hduse^{Fire Brigade Lane Connaught-Place New Delhi} 110d01 Rep by its Chairman^{and Managing Director ['4s.Parminder Chopra}

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3 Central Transrirission Utility^{of lndia Limlted, 16, lnstitutional Area,Sector 32,} Gurugram, Hariyana^{- 122601} ,^{Rep. by its Chairman and Managing Director} Sri G. Ravisankar.

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4 power crid corporation of lndia, Regd. office at B-9, Qutab lnstitutional Area, Kitwaria Sarai,^'New Delhi^{- 1 1001 6, represented by its Chairmanand} N,4anaging Director Sri Sh. Ravindra^{Kumar Tyagi} --. inOiarie,i"rgy Exchange Limited^{(lEX),registere!offic-e at First Floor,Unit} No. 1 .14(a).'Avanta BJsiness^{Centre, Soulhern-Park,D-2,District Cenrtre,} Saket, Nb* Delhi^- 110017,^{represented by its Chairman and Managing} Director Sri Satyanarayan^Goel.

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6 Unr,cn of inOia, lr,,,1inistry^{of Power,Shran Shakti Bhavan, Refi Marg' New Delht} - 1 10001 , represented by its Secretary

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..RES'ONDENTS

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Petition under Article 226^{of the constitution of lndia prayingthat in the} circumstances stated^{in the affidavit filed therewith,the High court maybe} pleased to issue an order, direction or^{writ particularlyone in the nature of} lvlandamus declaring the action^{of the Respondentsin publishingthe name of the} Petitioner in default list at^{ltemNo.6 in Table- ll as shown in Praapti Websiteof} statement of trigger daled^{12.09.2024as per Late Payment Surcharge (LPS)} Rules as arbitrary, illegal and^{contrary to the pending proceedings beforethe} central Electricity Regulatory^{commission, and consequently direct the}

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Respondents to allow the Petitioner to participate in power -.xchanges for trading of power, in the interest of^justice.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit tiled in support of the petition, the High Cortrt may be pleased to suspend the operation of ltem No.6 in Table - ll as shown in Prapti Website of statement of trigger dated 12.09.2O24 as per Late Paynrent Surcharge (LPS) Rules by directing the Respondents 1 and 2 to allow the Pelitioner to participate in power exchanges for trading of power, pending disposal of the Writ Petition, in the interest of^justice.

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Counsel for the Petitioner: THE ADVOCATE GENERAL Counsel for the Respondent No.3: M/s. SUPAMA SRIVAS'I-AVAN Counsel for the Respondent No.4: SRI c.BHEEMA CHAR'f Counsel for the Respondent No.6: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF INDIA

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The Court made the following: ORDER

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k&@ '; r'

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THE HON 'BLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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Writ Petition No.25554 of 2024

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ORDER:

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The petitioner/Company is aggrieved by the action^of respondents in publishing the name of the^petitionerin default Iist at Item No.6 in Table - II as^{shownin Praapti} Website of statement of trigger dated^{12.09.2024 as per} Late Payment Surcharge^(LPS). It is also^{prayed to direct} the respondents to allor,r, the^{petitionerto participatein} porver exchanges for trading of power.

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On O1.O4.2025, this Court has^passedthe follor,r,ing order:

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"This application has been filed seeking^a praAer that interim orders granted in I.A.No.1 of 2024 in W.P.No.25554 o.f 2024,^dated 12.09.2024 be ertended until further^orders.

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Heard the learned Aduocate General Sri A.SudarsLtan Reddg appeaing for the^petitioner and the learned counsel for the respondents.

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For the reasons stated in the accompanging affidauit, fiIed in support of^thts application, interim order dated 12.09.2024 granted in I.A. No.l of 2O24 by this Court is extended tiU I 0. 06. 202 5.

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Accordingly, this application is clisposed

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The Registry is directed to list lhe tnatter on 10.06.2025."

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Learned Advocate General appear.ir-rg on behalf of the petitioner/Company submits that thc subject matter was pending before Central Electricity Regulatory Commission. Ner.r, Delhi and in vieu, <,f the fact that publishing of the name of the petitiorrcr/ Company in default list at Item No.6 in Table - [[ as srhown in praapti Website of statemenr of trigger dated 12 .Og .2024 as per Late Payment Surcharge (LPS), the petrtioncr/ Company could not purchase the power from power Grid Corporation of India. Learned Advocete General has :rlso produced a copy ol proceeings in Petition No.B57 Mp l2O2L dated 22.O4.2025 pending before Central Elec1r.rcit5. Regulatory Commission.

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In the said perition No.BS/Mp/202 1 dared 22.O4.2025 pending before Central Eleclricity Regulatory Commission, it is observed/ recorded as fo lows:

o7..

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In response, the Learned counsel for the respondent, CTUIL, on instructions, submitted that the petitioner, while seeking to u.tithdraw its turtt petition filed before the Hon'ble High Court of Telangana, mag prag for an inteim protection till the time the Commission decides the present wit petition and CTUIL tuill as such not oppose such prager. Learned counsel also fairlg submitted that, giuen the petitioner has the benefit of a stay by the Hon'ble High Court of Telangana in its fauour for an extended period, CTUIL uttll not insist on the paAment of 25o/o of th-e inuoiced amount as in the other cases.

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Learned counsel for the petttioner also agreed to the aboue submlssions made by the Learned counsel for CTUIL and sought libertg to moue an appropriate application before the Horu'ble High Court of Telangana for utithdranual of the wit petition in the light of the aboue submisslons of CTUIL.

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The matter remained part-teard and will be listed for the heaing on 10.06.2025."

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Learned Advocate General submits that since the parties to the lis have already filed petition under Section 79(1)(0 of the Electricity Act, 2003 read with Section

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{ I

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79(1)(c) of the trlectricity Act,2003 b:fore^Central trlectricity Regulatory Commission and the^Commission has already passed interim orders on 22.04 2025^{and the} matter is pending for adjudication, this^{wrir petitionmay} be disposed of in terms of order passed ))'^Regulatoly Commission on 22.O4.2025.

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Learned counsel appearing on^ltehalf of^the

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respondents wouid not object for the^same.

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Rccording the same, this writ^{petiti,rn rs disposed} of and the parties may pursue the remedies^{before the} Central trlectricity Regulatory Commission.^{Til1 the} Commission decides the mattcr finally, the^{sral' gralted on} 12.O9.2024 by this Court shall^continue

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Miscellaneous petitions, pending, if^{arLy, shall stand}

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closed. However, there shall^{be no order as to costs.}

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SDi. P.GOWRI SHANKAR DEPUTY REGISTRAR //TRUE COPY// (I; SECTION OFFICER

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\ To

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1 Chairman and l\4anaging Director Sri Sh. Ravindra Kurnar Tyagi, Power Grid Corporation of lndia, Regd. Office at B-9, Qutab lnstitutional Area, Katwaria Sarai, New Delhi - 1 1 00'l 6.

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2 The Secretary, Union of lndia, Ministry of Power, Shran Shakti Bhavan, Refi Arlarg, New Delhi - 110001.

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3 Two CCs to THE ADVOCATE GENERAL, Hiqh Court 'or the State of Telangana, at Hyderabad. [OUT]

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4 One CC to tV/s. SUPAIT/A SRIVASTAVAN, Advocate tlpucl One CC to SRI G.BHEEMA CHARY, Advocate tOPUal

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one cc to sRt GAD| PRAVEEN KUIVAR, Dy. sOLtCtiOR GENERAL OF INDrA [OPUC]

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7 CD Cooies PSK. ^fl9 w)TKS

:,:xtt

.HIGH COURT

DATED:2310612025

ORDER

WP.No.25554 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

M/s Southern Power Distribution Company of Telangana (Tgspdcl) v. Grid Controller of India Limited

Case brief

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M/s Southern Power Distribution Company of Telangana (Tgspdcl) v. Grid Controller of India Limited

Case brief

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