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2013 DAILYLAW 1360 (AP)

M/s. Shirdi Sai Electricals Limited v. The Central Power Distribution Company of Andhra Pradesh

WP/31926/2013 · 2026-05-03

Maheswara Rao Kuncheam

Transfer Petitionbody2013

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010345942013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY,T HE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 31926/2013 Between: 1. M/S. SHIRDI SAI ELECTRICALS LIMITED, , REP. BY ITS AUTHORIZED REPRESENTATIVE, T. RAJESH, S/O. T.S.S. CHOWDARY, AGED ABOUT 34 YEARS, PLOT NOS.55 AND 60, INDUSTRIAL DEVELOPMENT AREA, KADAPA. ...PETITIONER AND 1. THE CENTRAL POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LIMITED, REP. BY ITS MANAGING DIRECTOR, MINT COMPOUND, HYDERABAD. 2. THE CHIEF GENERAL MANAGER/PROJECTS CENTRAL POWER, DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, MINT COMPOUND, HYDERABAD. ...RESPONDENT(S): 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 issue a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents 2 in not allowing the benefit of price variation as regards distribution transforms to the petitioner - contractor, when the petitioner - contractor has executed the work within the project period, is arbitrary and illegal and consequentially direct the respondents to make payment of the corresponding amount to the petitioner towards the price variation as regards distribution contractors in respect of agreement No. CGM(P)/HVDS/ATP-01 (ATP OD & GTY OD)/10-11, with interest and grant such other relief as it deems fit in the circumstances of the case. IA NO: 1 OF 2013(WPMP 39682 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 to allow the benefit of price vairation to the petitioner - contractor on the distribution transformers concerning the work relating to Bid No. CGM(P)/HVDS/ATP-01 (ATP OD & GTY OD)/10-11 and the consequential payment, pending disposal of the writ petition and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner: 1. M/S BHARADWAJ ASSOCIATES Counsel for the Respondent(S): 1. O MANOHER REDDY 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 31926 of 2013 The Court made the following Order: Instant Writ Petition has been filed by the petitioner 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 declaring that the action of the respondents in not allowing the benefit of price variation as regards distribution transforms to the petitioner - contractor, when the petitioner -contractor has executed the work within the project period, is arbitrary and illegal and consequentially direct the respondents to make payment of the corresponding amount to the petitioner towards the price variation as regards distribution contractors in respect of agreement No. CGM(P)/HVDS/ATP-01 (ATP OD & GTY OD)/10-11, with interest and pass such other order …”. 2. On 30.04.2026, this Court passed the following Order: “No representation for the petitioner. Post on 01.05.2026 under the caption for dismissal.” 3. Subsequently, the matter is listed on 01.05.2026, on which date, this Court, passed the following order: “No representation on either side. Post the matter under the caption “for dismissal” on 04.05.2026.” 4. Today, when the matter is taken up for hearing, no representation on either side. 4 5. In that view of the matter, the Writ Petition is dismissed for non-prosecution. 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