M/s. LAKSHMI Metallurgy Limited, v. Southern Power Distribution Company of A.P.Limited
WP/16018/2013 · 2025-07-15
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9345 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9345 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
4 \L. APHC010102952013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16018 OF 2013 B Between: M/s. Lakshmi Metallurgy Limited, Special Plot No.1, APIIC Industrial Estate, Palamaner, Chittoor District, Rep. by its Manager Sri.K.Sundar Murthy, S/o. Narasimhulu Mudaliar, aged about 42 years. ...Petitioner AND
1. Southern Power Distribution Company of A P Limited, rep. by its Chairman & Managing Director, Corporate Office Kesavayana Gunta, Tirupathi, Chittoor District. 2. Southern Power Distribution Company of A P Limited, rep. by its Superintending Engineer, Operation Circle, Kesavayana Gunta, Tirupathi, Chittoor District. 3. Southern Power Distribution Company of A P Limited, rep. by its Divisional Engineer, Operation, Rural, Chittoor, Tirupathi, Chittoor District. 19-13-65/A, ...Respondents 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 an, appropriate Writ, order or direction more particularly m the nature of Writ of MANDAMUS by ,Declaring the Clause-11 of the High Tension Agreement, dated 28-04-2007 regarding payment of monthly minimum charges as void, inoperative, arbitrary, illegal, void abi-nitio and not binding on the petitioner and prohibit the Respondent No.1 from invoking or
V relying upon clause 11 of the High Tension Agreement dated 28-04-2007 in claiming monthly minimum charges from the petitioner and consequently direct the 1st respondent to forthwith refund the amounts received on account of minimum contract demand charges, along with applicable bank interest. lA NO: 1 OF 2013fWPMP 19412 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 expedite the date of hearing of the Writ Petition, in the interest of justice. Counsel for the Petitioner: Ms. PRANITHA representing SRI PEETA RAMAN Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL The Court made the following Order:
APHC010102952013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16018/2013 Between;
1.M/S. LAKSHMI METALLURGY LIMITED,, SPECIAL PLOT N0.1, APIIC INDUSTRIAL ESTATE, PALAMANER, CHITTOOR DISTRICT, REP. BY ITS MANAGER SRI.K.SUNDAR MURTHY, S/0. NARASIMHULU MUDALIAR, AGED ABOUT 42 YEARS.
...PETITIONER AND 1.SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, CORPORATE OFFICE, 19-13-65/A, KESAVAYANA GUNTA, TIRUPATHI, CHITTOOR DISTRICT. 2.SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS SUPERINTENDING ENGINEER, OPERATION CIRCLE,’ KESAVAYANA GUNTA, TIRUPATHI, CHITTOOR DISTRICT. 3.SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS DIVISIONAL ENGINEER, OPERATION, RURAL, CHITTOOR, TIRUPATHI, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner;
1.PEETA RAMAN Counsel for the Respondent(S);
2 1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL 2.V R REDDY KOVVURI(SC FOR APSPDCL) The Court made the following:
ORAL ORDER: This matter was listed on three earlier occasions, i.e., on 25.06.2025, 13.06.2025, and 02.07.2025, only to enable the learned Counsel for the Writ Petitioner to obtain written instructions. Today, when the matter is called, Ms. Pranitha, learned Counsel appearing online on behalf of Sri Peeta Raman, learned Counsel for the Writ Petitioner, submits that there are no instructions from the Petitioner. 3. This matter is of the year 2013. This Court is of the opinion that it cannot be adjourned a number of times only to enable the learned Counsel for the Writ Petitioner to obtain written instructions in this matter. 4. Accordingly, this Writ Petition is dismissed for Non-prosecution. No
order as to costs. However, if the Counsel for the Writ Petitioner receives any instructions from the Writ Petitioner with regard to the cause of action, three (03) weeks’ time is granted for moving an appropriate Application for Restoration. In view of the above direction, the Registry is directed to preserve the record for a period of five (05) weeks from today. If no Application is filed for the record pertaining to this Writ Petition may be destroyed as
2.
5.
6. Restoration per the Rules. Interlocutory Applications, if any, stand closed in terms of this order. Sd/-G. assistant ifelSTRAR
7.
//TRUE COPY// section officer To,
1. Cne CC to Sri. Peeta Raman, Advocate [CPUC]
2. Cne CC to SRI. VENKATA RAMA RAC KCTA, SC FCR APSPDCL [CPUC]
3. Two CD Copies
HIGH COURT DATED:16/07/2025
ORDER AMDS^ 5 0 2 SEP 2025 n ^ . Current Section WP NO. 16018 OF 2013 DISMISSING THE WRIT PETITION FOR NON PROSECUTION WITHOUT COSTS