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2025 DAILYLAW 50858 (AP)

EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD v. VIJAI ELECTRICALS LTD

COMCA/38/2024 · 2025-04-30

Maheswara Rao Kuncheam, Ravi Nath Tilhari

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM LA No.1 of 2Q2fi in/and COMMERCiAL COURT APPEAL NO: :^l^ OF ■>no^ COMMERCIAL COURT APPEAL NO: OF oma Between: Eastern Power Distribution Company of Andhra Pradesh f Office. P & T Colony, Seethammadhara, Visakhapatnam-530013. Limited Corporate ...Appellant/Respondent AND Vijai Electricals Ltd. 6-3-648/1 and 2. Off Raj Bhavan Road Hyderabad-500082. Somajiguda, ...Respondent/Petitioner Appeal under Section 13 of Commercial Courts of Arbitration and Conciliation Act, Act R/w Section 37 1996 R/w order 43 Rule 1 of CPC against the orders passed on 09-12-2024 in C.A.O.P No. 44 of 2024 file of Special Court for Trial on the and Disposal of Commercial Disputes. Visakhapatnam. Sii- lA NO: 1 OF 2n?fi Petition under Section 151 CPC - £ f affidavit filed in support of the petition, the High Court may be b and dispose of COMCA 38 of 2024 V' Between: Vijai Electricals Ltd, 6-3-648/1 and 2, Off Raj Bhavan Road Somajiguda, Hyderabad-500082. praying that in the circumstances as infructuous. ...Petitioner/Respondent AND Eastern Power Distribution Company of Andhra Pradesh Office, P & T Colony, Seethammadhara, Visakhapatnam-530013 Ltd, Corporate ...Respondent/Appellant 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 close and dispose of COMCA 38 of 2024 lA NO: 2 OF 2024 as infructuous. 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 suspend the operations of orders dated 09-12-2024 in CAOP No. 42 of 2024 on the file of Special Court for Trial and Disposal of Commercial Dispute, Visakhapatnam pending disposal of the Commercial Court Appeal. Counsel for the Appellant/Respondent: Ms Kothapalli Aishwarva representing Sri V V Satish (Standing Counsel for APEPDCL) Counsel for the Respondent/Petitioner: Sri S V S S Siva Ram representing M/s CKR Associates The Court made the following; <v APHC010570442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] riK«f- THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM I.A.No.j of 2025 In/and COMMERCIAL COURT APPEAL NO: 38/2024 Between: Eastern Power Distribution Company Of Andhra Pradesh Ltd ...APPELLANT AND Vijai Electricals Ltd ...RESPONDENT Counsel for the Appellant: 1.VVSATISH (SCforAPEPDCL) Counsel for the Respondent: 1.CKR ASSOCIATES The Court made the following: the honourable SRI JUSTICE the honourable SRI JUSTICE MAHESWARA l-A.No.l of 20?.^ RAVI NATH TILHARI RAO KUNCHEAM In/and COMMERCIAL COURT APPEAL NO- ,?Rn(\OA Ravi Nath Tilhah) Heard Ms.Kothapalli Aishwarya V.V.Satish, learned counsel for the learned counsel representing CKR Associates for the JUDGMENT:- (per Hon’ble Sri Justice learned counsel representing Sri appellant and Sri S.V.S.S.Siva Ram, respondent. A.No.1 of 2025 has been filed by the respondent praying to close and dispose of COMCA.No.38 of 2024 2. as infructuous. Sri S.V.S.S.Siva Ram, learned counsel for the respondent submits that CAOP.No.44 Court for Trial and Disposal of Commercial the order impugned herein rendered infructuous. He further submits that the 2025 in CAOP.No.44 of 2024 to dismiss the vide order dated 19.03.2025, infructuous. The copy of that order has been memo. 3. representing CKR Associates of 2024 on the file of Special Disputes, Visakhapatnam in which was passed on 09.12.2024. has itself been respondent filed I.A.No.46 of same as infructuous, upon which the said CAOP has been dismissed brought on record by way of as 2. Ms.Kothapalli Aishwarya, learned counsel for the appellant does not dispute and submits as infructuous. representing Sri V.V.Satish, that the appeal be dismissed Accordingly, I.A.No.1 of 2025 stands allowed. Consequently, the appeal 3. is dismissed as infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also SD/- S.V.S.R.MURTHY JOINT REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To, 1. The Special Court for Trial and Disposal of Commercial Disputes Visakhapatnam, Visakhapatnam district 2. One CC to Sri. VV Satish (Standing Counsel for APEPDCL) Advocate [OPUC] 3. One CC to M/s CKR Associates Advocate [OPUC] 4. THREE CD COPIES stu TAG / j HIGH COURT DATED:01/05/2025 JUDGMENT I.A No.1 of 2025 in/and COMCA.No.38 of 2024 g IJ MAr 2D25 V# siecuon . ALLOWING THE I.A No.1 of 2025 DISMISSING THE COMCA AS INFRUCTUOUS