SOUTHERN POWER DISTRIBUTION POWER COMPANY LIMITED OF ANDHRA PRADESH (APSPDCL) & ANR. v. M/S HINDUJA NATIONAL POWER CORPORATION LIMITED & ANR

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A place on record the conduct of the appellants – DISCOMS. Though vide order dated 14th July, 2020, this Court had stayed the impugned judgment passed by the APTEL, vide order dated 21st August, 2020, this Court had clarified that there shall be no stay of the order dated 16th March, 2018 passed by the APTEL. It is not in dispute that in pursuance of the interim order dated 16th March, 2018, passed by the APTEL, the appellants – DISCOMS were purchasing the power at the rate of Rs.3.82 per unit from HNPCL till 14th July, 2020. It is thus clear that in view of the order passed by this Court on 21st August, 2020, the appellants – DISCOMS were required to continue to purchase the power from HNPCL at the rate of Rs.3.82 per unit. Undisputedly, this has not been done. The reason given for the same is that the appellants - DISCOMS had already filed an application for vacation of the order dated 21st August,

2020. By merely filing an application, the appellants – DISCOMS could not have avoided abiding with the order of the APTEL dated 16 th March, 2018, as maintained by this Court vide order dated 21st August, 2020. It is brought to our notice that though the appellants – DISCOMS could have purchased the power from HNPCL at the rate of Rs.3.82 per unit in view of the orders passed by the APTEL and by this Court, they have chosen to purchase the power at higher rate from various generators including KSK Mahanadi from whom the power is being purchased at the rate of Rs.4.33 per unit.

111Copy pinpoint111. We ask a question to ourselves, as to whether public interest, which is so vociferously pressed into service in the present matter by the appellants – DISCOMS, lies in purchasing the power at the rate of Rs.3.82 per unit from HNPCL or by purchasing it at the rate of Rs.4.33 per unit from KSK Mahanadi. We strongly deprecate such a conduct of F the appellants – DISCOMS, which are instrumentalities of the State. The appellants – DISCOMS, rather than acting in public interest, have acted contrary to public interest. For defying the orders passed by this Court, we could very well have initiated the action against the officials of the appellants – DISCOMS for having committed contempt of this Court, but we refrain ourselves from doing so. G

112Copy pinpoint112. In the result, the present appeal is dismissed with costs, quantified at Rs.5,00,000/- (Rupees Five lakh only). Pending I.As., if any, shall stand disposed of.

113Copy pinpoint113. Taking into consideration that the issue before the State H Commission is pending since long, we direct the State Commission to

SOUTHERN POWER DISTRIBUTION POWER COMPANY LTD. OF A.P. 241 (APSPDCL) v. M/S HINDUJA NATIONAL POWER CORP. LTD. [B. R. GAVAI, J.]

decide O.P. No.21 of 2015 and O.P. No.19 of 2016, as expeditiously as A possible, and in any case, within a period of six months from the date of this judgment.

114Copy pinpoint114. Needless to say that till O.P. No.21 of 2015 and O.P. No.19 of 2016 are decided by the State Commission, the appellants – DISCOMS shall forthwith start purchasing the power from HNPCL at the rate of B Rs.3.82 per unit as per the orders passed by the APTEL dated 16th March, 2018 and by this Court dated 21st August, 2020.

Bibhuti Bhushan Bose Appeal dismissed. (Assisted by : Neha Sharma, LCRA) C