HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI (SPECIAL ORIGINAL JURISIDICTION) TUESDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR

WRIT PETITION NO: 20285 & 21601 OF 2019 AND 2170 OF 2021

WRIT PETITION NO: 20285 OF 2019

Between:

• 1. M/s Mytrah Energy (India) Private Limited, having its registered office at 8th Floor, Q City, Survey No. 109, Gachibowli, Nanakramguda Village, Serilingampally Mandal, Hyderabad, Telangana-500032 Represented by its Authorized Representative, Mr. S. Nagarajuna Reddy
• 2. M/s Mytrah Vayu (Indravati) Private Limited, having its registered office at 8th Floor, Q City, Survey No. 109, Gachibowli, Nanakramguda Village, Serilingampally Mandal, Hyderabad, Telangana-500032 Represented by its City, Authorized Representative, Mr. S. Nagarajuna Reddy
• 3. M/s Mytrah Vayu (Tungabhadra) Private Limited, having its registered office at 8th Floor, Q City, Survey No. 109, Gachibowli, Nanakramguda Village, Serilingampally Mandal, Hyderabad, Telangana-500032 Represented by its Authorized Representative, Mr. S. Nagarajuna Reddy

Petitioners

AUX

मन्द्रतम

AND

• 1. Southern Power Distribution Company of Andhra Pradesh Ltd., Represented by its Chairman and Managing Director 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati -517503
• 2. Union of India, Represented by its Secretary, Ministry of New and Renewable Energy, Block-14, CGO Complex, Lodhi Road, New Delhi 110003
• 3. Central Electricity Authority, Represented by its Chairperson Sewa Bhawan, R. K. Puram, Sector-1, New Delhi - 110 066
• 4. Reserve Bank of India, Represented by its Secretary, Department of Banking Regulation, Office at central Office, 12th Floor, Shahid Bhagat Singh Marg, Fort, Mumbai, Maharashtra - 400001
• 5. Power Finance Corporation Ltd., Represented by its General Manager,
• Fower Finance Corporation Ltd., Represented by its General Manager,<br>'Urjanidhi', 1, Barakhamba Lane, Connaught Place, New Delhi-110 001 YES Bank Limited, Represented by its Manager, Ground Floor, (R-7 deleted from the order of the parties in writ petition in the I.A No.2/2020 In WP No.20285 /2019 in the petition and affidavit)

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. (1)writ, order or direction in the nature of Mandamus directing the Respondent No. 1, i.e., APSPDCL to make payment of an amount of Rs. 97.38 Crores to the Petitioner No. 2 and Rs. 174.38 Crores to the Petitioner No. 3 under the respective Mytrah PPAs (including late payment surcharge) as per this Hon'ble Court's judgment dated 24.09.2019 in WP No. 10244/2019, at the interim rate of Rs. 2.43/-per unit within a period of 7 days from the date of the order, without prejudice to the rights and contentions of the Petitioners under law, PPA, equity or otherwise. (ii)direct the Respondents No. 5 to 7 to refrain from taking any precipitative steps/actions against the Petitioners in relation to their respective loan facilities extended to the Petitioner Companies till APSPDCL makes payment of the outstanding dues to the Petitioner Companies in terms of prayer (i) above. (iii)declare that the statutory period of 90 days for declaring an account as NPA under the RBI Master Circular dated 01.07.2015 shall commence after the subject matter of O.P. No. 17 of 2019 is finally decided.

IA NO: 1 OF 2019

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 restrain the Respondents from taking any coercive action against the Petitioners, pending disposal of WP No. 20285 of 2019, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and affidavit filed therein and the order of the High Court dated. 12-12-2019, 26-12-2019, 07-01-2020, 19-02-2020 12-03-2020 & 29-09-2021 made in WP. No. 20285 of 2019 and upon hearing the arguments of Sri P.Vikram, Advocate for the Petitioners, Sri Y.Nagi Reddy, Advocate for the Respondent No.1 and of Sri N. Harinath, Asst. Solicitor General for the Respondent No.2, Sri Krishna Rao Mannam Advocate for Respondent No.4, Sri K.B. Ramanna Dora, Standing Counsel for Respondent No.5. Sri Avinash Desai, Advocate for Respondent No.6.

WRIT PETITION NO: 21601 OF 2019

Between:

• 1. Ecoren Energy India Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh BabuGudikandula
• 2. Danu Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh BabuGudikandula
• 3. Aeolus Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh BabuGudikandula
• 4. Fujin Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh BabuGudikandula
• 5. Dindore Winds Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh BabuGudikandula
• 6. Ananthapur Energy Projects Private Limited, having its registered office at 32-5-3, Lakshmi Nilayam, Prajasaktinagar Vijayawada, 520010 Represented by its Authorized Representative Suresh BabuGudikandula
• 7. Boreas Renewable Energy Private Limited, having its registered office at Plot No. 1202,1215A. Door No. 8-2-293/82'A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh BabuGudikandula
• 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 BabuGudikandula

Petitioners

AND

• Union of India,, Represented by its Secretary, Ministry of New and Renewable Energy, Block-14, 1. 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), I-Think Techno Campus, A wing, 4th Floor, Off Pokhran Road No. 2, Thane West, Mumbai - 400607
• M/s PTC India Financial Services Ltd,, 7th Floor, Telephone Exchange Building, 8 BhikajiCama 8. 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

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 a writ, order or direction more particularly in the nature of Mandamus directing the Respondent No. 2, i.e., APSPDCL to make payment of an amount of Rs. 34.05 Crores to the Petitioner No.2, Rs. 17.93 Crores to the Petitioner No. 3, Rs. 32.33 Crones to the Petitioner No. 4, Rs. 8.46 Crores to the Petitioner No. 5 as on 08.12.2019 under the respective PPAs alongwith late payment surcharge at the interim rate of Rs. 2.43/- per unit within a period of 7 days from the date of the order, without prejudice to the rights and contentions of the Petitioners under law, PPA, equity or otherwise and

direct the Respondent Nos. 5 to 9 to refrain from taking any precipitative steps/actions against the Petitioners in relation to their respective loan facilities extended to the Petitioners till APSPDCL makes payment of the outstanding dues to the Petitioners as prayed above and further declare that the statutory period of 90 days, for declaring an account as NPA under the RBI Master Circular dated 01.07.2015 and RBI Circular dated 07.06:2019 shall commence after the subject matter of O.P. No. 17 of 2019 is finally decided $\cdot$

IA NO: 1 OF 2019:

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 restrain the Respondents 5 to 9 from taking any coercive action against the Petitioners, pending disposal of WP No. 21601 of 2019 on the file of the High Court. $\angle$

IA NO: 2 OF 2019:

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 restrain the Respondents 5 to 9 from declaring the Petitioners as Non Performing Assets, pending disposal of WP No. 21601 of 2019 on the file of the High Court. $\checkmark$

The petition coming on for hearing and upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri . S.VIVEK CHANDRASEKHAR, Advocate for the Petitioners, Sri. N. HARINATH, Asst. Solicitor General for the Respondent No.1 and of Sri. Y. Nagi Reddy, Sc for the Respondent No.2.

WRIT PETITION NO: 2170 OF 2019

Between:

• 1. M/s Mytrah Energy (India) Private Ltd., 8001, Q-City, S.No. 109, Nanakramguda Village, Serilingampally Mandal, Gachibowli, Hyderabad-500032 through its Authorised Signatory
• 2. M/s Mytrah Vayu (Tungabhadra) Pvt. Ltd., 8001, Q-City, S.No. 109, Nanakramguda Village, Serilingampally Mandal, Gachibowli, Hyderabad-500032 through its Authorised Signatory

Petitioners

AND

• 1. Southern Power Distribution Company of Andhra Pradesh, 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati-517503 Through Chairman and Managing Director
• 2. Bank of Baroda, Corporate Financial Services, Fort- 3^rd Floor, 10/12 Mumbai Samachar Marg, Fort, Mumbai- 400 001 through Manager
• 3. Reserve Bank of India, represented by its Secretary, Department of Banking Regulation, Office at Central Office, 12^th Floor, Shahid Bhagat Singh Marg, Fort, Mumbai, Maharashtra - 400001

Respondents $\longrightarrow$

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 Writ, Order(s) or Direction(s) one in nature of Writ of Mandamus or any other appropriate restraining the Respondent No.2 from taking any coercive/precipitative action against the Petitioners as threatened in the e-mail dated 24.11.2020 of the Respondent No.2, till the date of realization of the legitimate pending dues of the Petitioners from the Respondent No.1 $\sim$

IA NO: 1 OF 2021

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 restrain the Respondent No.2 from declaring the Petitioner as an NPA and taking any coercive action against the Petitioners with respect to the invocation of the Corporate Guarantee, pending disposal of WP No.2170 of 2021, on the file of the High Court.

The petition coming on for hearing and upon perusing the petition and affidavit filed herein and order of the High Court dated 03.02.2021, 16.03.2021, 1.09.2021 & 29-09-2021 and upon hearing the arguments of Sri Vikram Pooserla Advocate for the Petitioner and of Sri Dhara Satyanarayana, Standing Counsel for Respondent No.2.

The Court made the following COMMON ORDER:

Since pleadings are completed

and as all the learned counsel agree for hearing of the main writ petitions itself, list on 09.11.2021 along with WP No.7499 of 2021.

Interim order granted earlier shall continue till 10.11.2021.

Sd/- M. RAMESH BABU ASSISTANT REGISTRAR

//TRUE COPY//

For ASSISTANT REGISTRAR

To

One CC to Sri Vikram Pooserla, Advocate [OPUC] One CC to Sri Y.Nagireddy, Advocate (OPUC) One CC to Sri S.Vivek Chandrasekhar, Advocate (OPUC) One CC to Sri B. Krishna Mo

5. One spare copy

tvr

HIGH COURT

CPKJ

DATED:26.10.2021

WRIT PETITION NO: 20285 & 21601 OF 2019 AND 2170 OF 2021

INTERIM ORDER EXTENDED