APHC010362002013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30571/2013 Between: 1. M/S. SBQ STEELS LTD.,, ANKALAPATURU VILLAGE, CHILLAKURU MANDAL, S.P.S.R. NELLORE DISTRICT. REP. BY ITS COMPANY SECRETARY, SRI. S. BALAKRISHNAN 2. SRI. RITESH RAI, S/O.SHRI RAJIV RAI,, AGED 30, RESIDENT OF H.NO.5, ETHIRAJ LANE, EGMORE, CHENNAI 600 105. ...PETITIONER(S) AND 1. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LTD., REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, 19-13-65/A, SRINIVASAPURAM, TIRUPATI - 517503. 2. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, NELLORE, S.P.S.R.NELLORE DISTRICT. 3. THE DIVISIONAL ELECTRICAL ENGINEER, OPERATION DIVISION/APSPDCL, GUDUR, S.P.S.R. NELLORE DISTRICT. ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the action of respondents 1 to 3 in levying and demanding minimum demand charges @ 80% of CMD over and above the actual demand supplied from the petitioner company for the power availed during the power restrictions imposed by the respondents from April, 2011 to September, 2012 as arbitrary, illegal, contrary to the judgments of Apex Court, besides violating the petitioner's right guaranteed under Article 14, 19 (1) (g) & 300A of Constitution of India and consequently set aside the letter of the 2nd respondent issued in Lr.No.SEIO/NLR/SAO/JAO /HT/U2/D.No.1971/13 dated 18.07.2013 in so far as rejecting the petitioners claim for the period of April, 2011 to September, 2012 and further direct the Respondents 1 to 3 to refund the amount of Rs.4,93,08,9551- along with interest to the petitioner company by way of adjustment in the CC Bills and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case. IA NO: 1 OF 2013(WPMP 37960 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to refund an amount of Rs.4,93,08,955/- along with interest to the petitioner which was collected towards minimum demand charges, pending disposal of the above writ petition and to pass such other order or orders as. this Hon'ble Court may deems fit just and proper in the circumstances of the case. Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. Y.NAGI REDDY (APSPDCL) 2. Venkata Rama Rao Kota SC FOR APSPDCL 3. P VINOD KUMAR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30571 of 2013 The Court made the following Order: Instant Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India is filed for the following relief: “.... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents 1 to 3 in levying and demanding minimum demand charges @ 80% of CMD over and above the actual demand supplied from the petitioner company for the power availed during the power restrictions imposed by the respondents from April, 2011 to September, 2012 as arbitrary, illegal, contrary to the judgments of Apex Court, besides violating the petitioner's right guaranteed under Article 14, 19 (1) (g) & 300A of Constitution of India and consequently set aside the letter of the 2nd respondent issued in Lr.No.SEIO/NLR/SAO/JAO /HT/U2/D.No.1971/13 dated 18.07.2013 in so far as rejecting the petitioners claim for the period of April, 2011 to September, 2012 and further direct the Respondents 1 to 3 to refund the amount of Rs.4,93,08,9551- along with interest to the petitioner company by way of adjustment in the CC Bills and pass such other order …”. 2. Today, when the matter is taken up for hearing, learned counsel for the petitioners submits that during pendency of the present Writ Petition, the first petitioner-company was dissolved vide Orders dated 11.02.2022 in MA/5/2021 in CP/665/IB/2017 passed by the National Company Law Tribunal, Division Bench-II, 4 Chennai. He produced a copy of the Order dated 11.02.2022 before the this Court. 3. Order dated 11.02.2022 in MA/5/2021 in CP/665/IB/2017 passed by the National Company Law Tribunal, Division Bench-II, Chennai is made part of record. 4. Recording the submission made by learned counsel for the petitioners, the Writ Petition is closed. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 04.05.2026 PSA