IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM COMMERCIAL COURT APPEAL NO: 4 OF 2025 Appeal filed under section 13 of Commercial Courts Act R/W section 37 of Arbitration and Concilation Act, 1996 R/w order 43 Rule 1 of CPC, aggrieved by the order passed on 04-02-2025 in C.E.P No. 1 of 2025 on the file of Special Court for Trial and Disposal of Commercial Disputes, Visakhapatnam. Between: Eastern Power Distribution Company Of Andhra Pradesh Ltd, Corporate Office, P and T Colony, Seethammadhara, Visakhapatnam-530013. ...Appellant / Respondent AND Vijai Electricals Ltd, 6-3-648/1 and 2, Off Raj Bhavan Road Somajiguda, Hyderabad-500082. ...Respondent / Petitioner lA NO: 1 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 dispense with requirement of filing certified copy of order dated 04-02-2025 in CEP No. 1 of 2025 on the file of Special Court for Trial and ^Disposal of Commercial Disputes, Visakhapatnam. 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 suspend the operations of orders dated 04-02-2025 in C.E.P No. 1 of 2025 on the file of Special Court for Trial and Disposal of Commercial Disputes, Visakhapatnam pending disposal of the Commercial Court Appeal. Counsel for the Appellant :SRI. V V SATISH (SC for APEPDCL) Counsel for the Respondents: CKR ASSOCIATES The Court made the following Judgment: -{ APHC010091452025 0B0 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM COMMERCIAL COURT APPEAL NO: 4/2025 Between: Eastern Power Distribution Company Of Andhra Pradesh Ltd ...APPELLANT AND Vijai Electricals Ltd Counsel for the Appellant: 1 .V V SATISH (SC for APEPDCL) Counsel for the Respondent: 1.CKR ASSOCIATES ...RESPONDENT The Court made the following: -. / THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM COMMERCIAL COURT APPEAL NO: 4/2025 JUDGMENT: (per Ravi Nath Tilhari, J) Preliminary objection has been raised by Sri K.Gopal Choudary, learned counsel appearing for the respondent that this appeal under Section 13 of Commercial Courts Act R/w. Section 37 of Arbitration and Conciliation Act R/w. Order 43 Rule 1 CPC is not maintainable against the order under challenge. He submits that the order of nature as under challenge is not enumerated under those provisions. Consequently, the appeal is not maintainable. Sri V.V.Satish, learned Standing Counsel for APEPDCL appears for the 2. appellant and submits that granting liberty to the appellant to take recourse to such other remedy as may be available under law, the appeal may be dismissed as withdrawn. 3. Recording the same, the appeal is dismissed as withdrawn but with aforesaid liberty. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRi^ //TRUE COPY// SECTION OFFICER To, Trial and Disposal of Commercial Disputes, 1. The Special Court for Visakhapatnam. 2. One CC to SRI. V V SATISH (SC for APEPDCL) Advocate [OPUC] 3. One CC to CKR ASSOCIATES Advocate [OPUC] 4. The Section Officer, O.S. Section, High Court of Andhra Pradesh Amaravathi. 5. Three CD Copies PR vna ■»\. HIGH COURT DATED:04/03/2025 ORDER COMCA.No.4 of 2025 t? * 02 APR 2025 S a e* . Current Section . DISMISSING THE APPEAL AS WITHDRAWN