APHC010343552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI fM FRIDAY,THE ELEVENTH DAY OF JULYI^. \!' TWO THOUSAND AND TWENTY FIVE i!) PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NOS: 792. 793. 794 AND 795 OF 2025 WRIT APPEAL NO: 792 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the common order dated 02-07-2025 in lA No 1,2, and 3 of 2024 and lA no 1 of 2020 in WP 21601 of 2019 on the file of the High Court. Between: 1. Ecoren Energy India Private Ltd, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/I 202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula. 2. Danu Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo.8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 3. Aeolus Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/I 202, No.61 S.L. Jubilee, Road Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 4. Fujin Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/I202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized • Representative Suresh Babu Gudikandula 5. Dindore Winds Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 6. Ananthapur Energy Projects Private Limited, having its registered office at 32-5-3, Lakshmi Nilayam, Prajasaktinagar Vijayawada, 520010 Represented by its Authorized Representative Gudikandula 7. Boreas Renewable Energy Private Limited, having its registered office at Plot No. t202,1215A, Door No. 8-2-293/82/A/I202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 8. Jwalya Wind Private Limited, having its registered office at H. NO. 63/493, Motilal Nagar - III, M. G. Road, Goregaon (West), Mumbai- 400090 Represented by its Authorized Representative Suresh Babu Gudikandula Suresh Babu ...Petitioners AND 1. Union of India, Represented by its Secretary, Ministry of New and Renewable Energy, BloCk-14, CGO Complex, Lodhi Road, New Delhi - 110003 2. Southern Power Distribution Company of Andhra Pradesh Ltd, 19-13- 65/A, Srinivasapuram, Tiruchanoor Road, Tirupati, represented by its Chairman AND Managing Director and Chief General Manager 3. Central Electricity Authority, Sewa Bhawan, R.K.Puram, Sector - 1, New Delhi - 110006 Rep by its Chairperson 4. Reserve Bank of India, Dept, of Banking Regulation, Central Office, 12th Floor, Shahid Bhagat Singh Marg Fort, Mumbai - 400001 5. Indian Renewable Energy Development Agency. India Habitat Centre, East Court, Core - 4A, 1 st Floor, Lodhi Road. New Delhi -110 03 6. India Infrastructure Finance Company Ltd. 5th Floor, Block - 2, Plate A AND B, NBCC Tower, East Kidwai Nagar, New Delhi - 110023 7. Tata Cleantech Capital Ltd TCCL, 1-Think Techno Campus, A wing, 4th Floor. Off Pokhran Road No. 2, Thane West, Mumbai - 400607 8. M/s PTC India Financial Services Ltd, 7th Floor, Telephone Exchange Building, Telephone Exchange Building, 8 Bhikaji Cama Place, New Delhi - 110 066 9. Reliance Capital Limited, Reliance Centre, 6th Floor, South Wing, Off Western Express Highway, Santacruz (East), Mumbai - 400 055 ...Respondents lA NO: 2 OF 2025 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 stay the operation of the Common Order dated 02.07.2025 passed by the Learned Single Judge of this Hon'ble Court in I.A. No. 1, 2, & 3 of 2024 and lA. No. 1 of 2020 in W.P.No.21601 of 2019. Counsel for the Petitioners: SRI P SRI RAGHU RAM SR. COUNSEL AND SRI SHOEB ALAM SR COUNSEL APPEARING VICE SRI SHAGUFTA JAHAN NOOR Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents: SRI JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) Counsel for the Respondents: SRI SAI SANJAY SURANENI Counsel for the Respondents: SRI P RAJASEKHAR Counsel for the Respondents: SRI SHIREEN SETHNA BARIA Counsel for the Respondents: SRI SHAIK MOHAMMED ISMAIL APHC010343522025 WRIT APPEAL NO: 793 OF 2025 Writ Appeal under clause 15 of the Letters against the Common Order dated 02-07-2025 in IA.No.1,2, and 3 of 2024 and lA No.1 of 2020 in W.P.No.21601 of 2019 on the file of the High Court. Between: Danu Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/I202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula ...Petitioner AND 1. Ecoren Energy India Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/I202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula. 2. Aeolus Wind Parks Private Limited, having its registered office at Plot S.L. Jubilee, Road Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 3. Fujin Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/I202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula No. 1202,1215A,DoorNo. 8-2-293/82/A/I202, No.61, 4. Dindore Winds Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/I 202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 5. Ananthapur Energy Projects Private Limited, having its registered office Lakshmi Nilayam, Prajasaktinagar Vi] ayawada, 520010 Suresh Babu at 32-5-3, Represented by its Authorized Representative Gudikandula 6. Boreas at Plot No. 1202 No.61 Authorized Representative Suresh Babu Gudikandula Private Limited, having its registered office at H. NO. M. G. Road, Goregaon (West), Mumbai- Represented by its Authorized Representative Suresh Babu Renewable Energy Private Limited, having its registered office 1215A,DoorNo. 8-2-293/82/A/I202, S.L. Jubilee, Road Jubilee Hills, Hyderabad - 500033 Represented by its 7. Jwalya Wind 63/493, Motilal Nagar - 111 400090 Gudikandula 8. Union of India, Represented by its Secretary, Ministry of New and Renewable Energy, Block-14, CGO Complex, Lodhi Road, New Delhi - 110003 9. Southern Power Distribution Company of Andhra Pradesh Ltd, 19-13- Tiruchanoor Road, Timpati, represented by its and Managing Director and Chief General Manager Central Electricity Authority, Sewa Bhawan, R.K.Puram, Sector- 65/A, Srinivasapuram Chairman 10. 1, New Delhi - 110006 Rep by its Chairperson Bank of India, Dept, of Banking Regulation, Central Reserve Office, 12th Floor, Indian Centre, East Court, Core - 11. Shahid Bhagat Singh Marg Fort, Mumbai - 400001 Renewable Energy Development Agency, India Habitat 4A 1st Floor, Lodhi Road, New Delhi - 110 12. 03 Finance Company Ltd, 5th Floor, Block - 2, Plate A and B, NBCC Tower, East Kidwai Nagar, New Delhi - 110023 India Infrastructure 13. Ltd TCCL, 1-Think Techno Campus, A Off Pokhran Road No. 2, Thane West, Mumbai - Tata Cleantech Capital wing, 4th Floor, 400607 14. Financial Services Ltd, 7th Floor, Telephone M/s PTC India Exchange Building, 8 Bhikaji Cama Place, New Delhi - 110 066 Capital Limited, Reliance Centre, 6th Floor, Wing, Off. Western Express Highway, Santacruz (East), Mumbai - 400 15. South Reliance 16. 055 ...Respondents lA NO: 2 OF 2025 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 Order dated 02.07.2025 passed by the LA. No. 1,2, & 3 of 2024 and stay the operation of the Common Learned Single Judge of this Hon'ble Court in lA. No. 1 of 2020 in W.P.No.21601 of 2019. Petitioner: SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Counsel for the Respondents; SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents: SRI JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) Counsel for the Respondents: SRI SAI SANJAY SURANENI Counsel for the Respondents: SRI P RAJASEKHAR Counsel for the Respondents: SRI SHIREEN SETHNA BARIA Counsel for the Respondents: SRI SHAIK MOHAMMED ISMAIL APHC010343672025 0^0 WRIT APPEAL NO: 794 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Common order dated 02-07-2025 in lA No. 1, 2 and 3 of 2024 and lA No. 1 of 2020 in WP.No. 21601 of 2019 on the file of the High Court. Between: 1. Ecoren Energy India Private Limited, having its registered office at Plot No. 1202,1215A. Door No. 8-2-293/82/A/I 202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula. 2. Danu Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/I202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 3. Aeolus Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/I202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 4. Fujin Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/1202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500d33 Represented by its Authorized Representative Suresh Babu Gudikandula 5. Dindore Winds Private Limited, having its registered office at Plot No. 1202,1215A,Door No. 8-2-293/82/A/I202, S.L. Jubilee, RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 6. Ananthapur Energy Projects Private Limited, having its registered office at 32-5-3, Lakshmi Nilayam, Prajasaktinagar Vijayawada, 520010 Represented by its Authorized Representative Gudikandula 7. Boreas Renewable Energy Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/I202, S.L. Jubilee, Suresh Babu RoadNo.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 8. Jwalya Wind Private Limited, having its registered office at H. NO. 63/493, Motilal Nagar - III, M. G. Road, Goregaon (West), Mumbai- 400090 Represented by its Authorized Representative Suresh Babu Gudikandula ...Petitioners AND 1. Union of India, Represented by its Secretary, Ministry of New and Renewable Energy, Block-14, CGO Complex, Lodhi Road, New Delhi - 110003 2. Southern Power Distribution Company of Andhra Pradesh Ltd, 19-13- 65/A, Srinivasapuram, Tiruchanoor Road, Tirupati, represented by its Chairman and Managing Director and Chief General Manager 3. Central Electricity Authority, Sewa Bhawan, R.K.Puram, Sector - 1, New Delhi - 110006 Rep by its Chairperson 4. Reserve Bank of India, Dept, of Banking Regulation, Central Office, 12th Floor, Shahid Bhagat Singh Marg Fort, Mumbai - 400001 5. Indian Renewable Energy Development Agency, India Habitat Centre, East Court, Core - 4A, 1st Floor, Lodhi Road, New Delhi -110 03 6. India Infrastructure Finance Company Ltd, 5th Floor, Block - 2, Plate A and B, NBCC Tower, East Kidwai Nagar, New Delhi - 110023 7. Tata Cleantech Capital Ltd TCCL, 1-Think Techno Campus, A wing, 4th Floor, Off Pokhran Road No. 2, Thane West, Mumbai - 400607 8. M/s PTC India Financial Services Ltd, 7th Floor, Telephone Exchange Building, 8 Bhikaji Cama Place, New Delhi - 110 066 9. Reliance Capital Limited, Reliance Centre, 6th Floor, South Wing, Off. Western Express Highway, Santacruz (East), Mumbai - 400 055 ...Respondents lA NO: 2 OF 2025 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 stay the operation of the Common Order dated 02.07.2025 passed by the Learned Single Judge of this Hon'ble Court in I.A. No. 1,2, & 3 of 2024 and lA. No. 1 of 2020 in W.P.No.21601 of 2019. Counsel for the Petitioners: SRI SHAGUFTA JAHAN NOOR Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents: SRI SAI SANJAY SURANENI Counsel for the Respondents:SRI P RAJASEKHAR Counsel for the Respondents: SRI SHIREEN SETHNA BARIA Counsel for the Respondents: SRI SHAIK MOHAMMED ISMAIL APHC010343652025 WRIT APPEAL NO: 795 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Common Order dated 02-07-2025 in lA.No. 1,2, and 3 of 2024 and lA No. 1 of 2020 in WP No. 21601 of 2019 on the file of the High Court. Between: Danu Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/I202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula-^ ' ...Petitioner AND India Private Limited, having its registered office at Plot 1. Ecoren Energy 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Road Represented by its No. Jubilee Hills, Hyderabad - 500033 Suresh Babu Gudikandula. No.61 Authorized Representative (Not a Necessary Party) Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A,DoorNo. 8-2-293/82/A/1202, Jubilee Hills, Hyderabad - 500033 Represented by its 2. Aeolus S.L. Jubilee, Road No.61, Authorized Representative Suresh Babu Gudikandula 3. Fujin Wind Parks Private Limited, having its registered office at Plot No. Door No. 8-2-293/82/A/I202, S.L. Jubilee, Road No.61, 1202,1215A, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula 4. Dindore Winds Private Limited, having its registered office at Plot No. Door No. 8-2-293/82/A/I202, S.L. Jubilee, Road No.61, 1202,1215A, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized - 400 055 Representative Suresh Babu Gudikandula 5. Ananthapur Energy Projects Private Limited, having its registered office Prajasaktinagar Vijayawada, 520010 Suresh Babu at 32-5-3, Lakshmi Nilayam Represented by its Authorized Representative Gudikandula 6. Boreas at Plot No. Road No.61, Renewable Energy Private Limited, having its registered office 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula Limited, having its registered office at H. NO 7. Jwalya Wind Private 63/493, Motilal Nagar - 111, M. G. Road, Goregaon (West), Mumbai- Represented by its Authorized Representative Suresh Babu 400090 (Not Necessary Parties) Gudikandula 8. Union of India, Represented by its Secretary, Ministry of New and Renewable Energy, Block-14, CGO Complex, Lodhi Road, New Delhi - 110003 Distribution Company of Andhra Pradesh Ltd, 19-13- 9. Southern Power 65/A, Srinivasapuram, Tiruchanoor Road, Tirupati, represented by its Chairman and Managing Director and Chief General Manager Central Electricity Authority, Sewa Bhawan, R.K.Puram, Sector 10. 1, New Delhi - 110006 Rep by its Chairperson Bank of India, Dept, of Banking Regulation, Central Reserve 12th Floor, Shahid Bhagat Singh Marg Fort, Mumbai - 400001 Renewable Energy Development Agency. India Habitat Centre. East Court. Core - 4A, 1st Floor, Lodhi Road, New Delhi-110 11. Office, Indian 12. 03 Infrastructure Finance Company Ltd, 5th Floor, Block - 2, Plate A and B, NBCC Tower, East Kidwai Nagar, New Delhi - 110023 Cleantech Capital Ltd TCCL, 1-Think Techno Campus. A 4th Floor, Off Pokhran Road No. 2, Thane West, Mumbai - India 13. Tata 14. wing 400607 Financial Services Ltd, 7th Floor, Telephone 8 Bhikaji Cama Place, New Delhi - 110 066 M/s PTC India Exchange Building Reliance Off Western Express Highway, Santacruz (East), Mumbai 15. South Capital Limited, Reliance Centre, 6th Floor 16. Wing, ...Respondents lA NO: 2 OF 2025 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 of the Common Order dated 02.07.2025 passed by the I.A. No. 1, 2, & 3 of 2024 and stay the operation Learned Single Judge of this Hon'We Court in lA. No. 1 of 2020 in W.P.No.21601 of 2019 Counsel for the Petitioner: SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents: SRI JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) Counsel for the Respondents: SRI SAI SANJAY SURANENI Counsel for the Respondents: SRI P RAJASEKHAR Counsel for the Respondents: SRI SHIREEN SETHNA BARIA Counsel for the Respondents: SRI SHAIK MOHAMMED ISMAIL The Court made the following Common order: Y, '4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! . APHC010343552025 Bench Sr.Nos:- 15-18 [3483] WRIT APPEAL NO; 792 of 2025 along with W.A.Nos.793, 794 & 795 of 2025 W.A.No.792 of 2025: Ecoren Energy India Private Ltd and others ...Appellants Vs. Union of India and others ...Respondents Advocate for Appellants Mr. P. Sri Raghu Ram, Sr. Counsel & Mr. Shoeb Alam, Sr. Counsel appearing vice Ms. Shagufta Jahan Noor Advocates for Respondents Mr. O. Manohar Reddy, Sr. Counsel CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 11th July 2025 Per DHIRAJ SINGH THAKUR. CJ: The present set of Writ Appeals, under Clause 15 of the Letters Patent, have been preferred against a common judgment and order, dated 02.07.2025, rendered in I.A.Nos.1, 2 & 3 of 2024 and I.A.No.1 of 2020 in W.P.No.21601 of 2019, whereby the interim orders, dated 02.01.2020 and 22.11.2022 are vacated. 2 C' HCJ & RCJ W A No 792 of 2025 & batch 2. Briefly stated, the material facts are as under; The appellants herein are wind and solar power generators, who claim that they had entered into Power Purchase Agreements (in short, ‘PPA’) with the Power Distribution Companies at rates which also had statutory approval of the Regulatory Authority i.e. the Andhra Pradesh Electricity Regulatory Commission (APERC). 3. According to the Power Purchase Agreements entered into between the parties, the appellants had claimed that they were entitled to be paid the charges as per the agreed rates prescribed for solar power and wind power separately. The appellants claim that on account of the change of the Government in 2019, there was a change in policy and perception and an effort was made by the Government through the Power Distribution Companies, which are controlled only by the Government, to deny to the appellants the rates which are otherwise fixed as per the Power Purchase Agreements. In the earlier round of litigation, it is stated that a Writ Petition was filed in which, as an interim measure, a learned single Judge of this Court ordered to pay an amount of Rs.2.44/- per unit of solar power generated and Rs.2.43/- per unit of wind power generated till such time as O.P.No.17 of 2019 filed by the Power Distribution Companies before the Regulatory Commission 4. was decided. r HCJ & RCJ W A.No 792 of 2025 & batch It is stated that a batch of Writ Appeals came to be preferred challenging this direction passed by the learned single Judge, which ultimately set aside and the DISCOMs were directed to pay the appellants the same rates as were contained in the Power Purchase Agreements for the power so generated by them. 5. was 6. The Division Bench also held that the O.P.No.17 of 2019 preferred by the DISCOMs before the Regulatory Commission was not maintainable as it was not open to the Regulatory Commission to amend the parameters and reduce the tariff, which was to be made operative for a period of 25 years by separate tariff orders, as the same was not subject to periodic review. In the interregnum between the date when the order, dated 29.04.2019, came to be passed by the learned single Judge, which subsequently became the subject matter of Writ Appeals as discussed hereinabove and the decision rendered in the batch of Writ Appeals by virtue of judgment and order, dated 15.03.2022, the appellants herein preferred 7. W.P.No.21601 of 2019. 8. The relief that was prayed for in the aforementioned Writ Petition was in the nature of Mandamus to the Power Distribution Company to make payments of the outstanding amounts in respect of the respective Power Purchase Agreements along with late payments of surcharge at an interim 4 r HCJ & RCJ W A No.792 of 2025 & batch rate of Rs.2.43/- per unit. A further relief was sought to restrain the' tenders/respondent Nos.6 to 8 in the writ petition i.e. India Infrastructure Finance Company Ltd., Tata Cleantech Capital Ltd., and M/s. PTC India Financial Services Ltd. from taking any precipitative steps against the petitioners in respect of loan facilities extended to them and further that the statutory period of 90 days for declaring the account as Non Performing Asset (NPA) as per RBI Master Circular, dated 01.07.2015, and RBI Circular, dated 07.06.2019, should commence after the O.P.No.17 of 2019 was finally disposed of. 9. By virtue of the interim orders, dated 02.01.2020 and 22.11.2022 W.P.No.21601 of 2019, the learned single Judge passed the following in orders: Order, dated 02.01.2020: In the meantime, considering that, in the order dated 24-09-2019 in W.P.No.9844 of 2019 and batch, this Court observed that the petitioners have invested money and have also borrowed money for establishing the project, where the return of investment, the tariff etc., is the basis for financial assistance rendered by the institutions, there shall be stay of proceedings of declaration of NPA in respect of the petitioners. ” Order, dated 22.11.2022: In view of the above circumstances, there shall be an interim direction directing the respondents not to take any coercive action against the petitioners till 02.12.2022. ” 5 HCJ & RCJ W.A.No.792 of 2025 & batch Interlocutory Applications vide I.A.Nos.1, 2 & 3 of 2024 and i.A.No.1 of 2020 came to be filed by the respondents/lenders seeking vacation of the interim orders, dated 02.01.2020 and 22.11.2022, which applications 10. are ordered by virtue of the judgment and order, dated 02.07.2025, which is impugned in the present set of writ appeals. Mr. P. Sri Raghu Ram, learned Senior Counsel & Mr. Shoeb Alam, learned Senior Counsel appearing for the appellants, would submit that it was true that huge sums of money had been advanced by the private respondents, based upon the feasibility of the projects of the appellants in reference to the Power Purchase Agreements executed between the parties, yet if the lenders were permitted to recover the dues which the appellants owe to them on account of loans advanced, it would result in the closure of the 11. entire power generation units set up by the appellants. It was also stated that if an interim order was permitted to 12. continue for a period of as many as five years, it should have been permitted to continue further till the matter was finally heard and decided by the learned single Judge. We have heard learned counsel for the parties. 13. Learned counsel for the appellants lay a lot of emphasis on the need to sustain the power generating units, which would suffer irreparably in the lenders were permitted to recover their dues and that if they were 14. case HCJ & RCJ WA No 792 of 2025 & batch permitted to recover the dues, it would also directly affect the availability of power, which is otherwise required for the industrial growth of the country. We find it difficult to accept the argument of learned counsel for the appellants that the lenders be restrained from recovering their outstanding dues till such time as the entire payment is received by them from the power distribution companies. In fact, the stand of the power distribution company is that the amounts strictly as per the Power Purchase Agreements were being paid to the appellants. 15. 16. However, the right which is vested with the lenders to declare an account as an NPA is a statutory right to recover the outstanding dues and cannot be made subject to a further recovery from a third party like the power distribution company, which is not a signatory to the loan agreements entered into between the appellants and the lenders. 17. In any case, learned counsel for the appellants has failed to satisfy us as to how, in view of the specific loan agreements executed between them and the lenders, the lenders could be restrained from proceeding further to recover the amounts outstanding after declaring the accounts of the appellants as NPA and that too the same is in accordance with the RBI Master Circular, dated 01.07.2015, and RBI Circular 07.06.2019. dated HCJ & RCJ W A No 792 of2025 &ba!ch 18. Be that as it may, we do not find any merit in the present Writ Appeals, which are, accordingly, dismissed. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. One CC to Sri. Shagufta Jahan Noor Advocate [OPUC] 2. One CC to Sri. B.Abhay Siddhanth Mootha Advocate [OPUC] 3. One CC to Sri. Venkata Rama Rao Kota SC for APSPDCL[OPUC 4. One CC to Sri. Jupudi V K Yagnadutt(Cemral Government Counsel) [OPUC] ^ 5. One CC to Sri. Sai Sanjay Suraneni Advocate [OPUCf 6. One CC to Sri. P Rajasekhar Advocate [OPUC] 7. One CC to Sri.O Manohar Reddy Advocate [OPUC] 8. One CC to Sri. Shireen Sethna Baria Advocate [OPUC] 9. One CC to Sri. Shaik Mohammed Ismail Advocate [OPUC] Two CD Copies 10. GSC HIGH COURT DATED:11/07/2025 COMMON ORDER WA NOS. 792, 793, 794 AND 795 OF 2025 DISMISSING THE WAS WITHOUT COSTS