Sujana Metal Products Ltd vs. Andhra Pradesh Electricity Regulartory Commission

1

ITEM NO. 23 (PH) COURT NO.9 SECTION XIIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 12398/2014

(Arising out of impugned final judgment and order dated 11/04/2014 in WP No. 11240/2014 passed by the High Court of A.P. at Hyderabad)

SAI BHASKAR IRON LTD. Petitioner(s)

A.P.ELECT.REGUL.COMMISSION & ORS. Respondent(s)

(with interim relief and office report)

VERSUS

WITH

SLP(C) No. 14638-14639/2014

(With appln.(s) for directions and exemption from filing c/c of the impugned order and permission to file additional documents and Interim Relief and Office Report)

SLP(C) No. 15205/2014

(With appln.(s) for directions and exemption from filing c/c of the impugned order and permission to file additional documents and Interim Relief and Office Report)

SLP(C) No. 15245-15270/2014 (With Interim Relief and Office Report)

SLP(C) No. 15348-15351/2014 (With Interim Relief and Office Report)

SLP(C) No. 15356-15358/2014 (With appln.(s) for amendment of cause title and permission to file additional documents and Interim Relief and Office Report)

SLP(C) No. 15360-15364/2014 (With Interim Relief and Office Report) Signature Not Verified

SLP(C) No. 15389-15391/2014 Digitally signed by SUSHIL KUMAR RAKHEJA

(With appln.(s) for exemption from filing c/c of the impugned judgment and appln.(s) for permission to place addl. documents on record and Interim Relief and Office Report) Date: 2016.05.14 11:30:32 IST Reason:

SLP(C) No. 15603/2014 (With appln.(s) for exemption from filing c/c of the impugned order and Interim Relief and Office Report) SLP(C) No. 15845/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Office Report) SLP(C) Nos. 15878-15887/2014 (With Interim Relief and Office Report) SLP(C) No. 15891/2014 (With Interim Relief and Office Report) SLP(C) Nos. 15938-15939/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 15940/2014 (With Interim Relief and Office Report) SLP(C) Nos. 15985-15993/2014 (With Office Report) SLP(C) No. 15998/2014 (With Interim Relief and Office Report) SLP(C) Nos. 17138-17143/2014 (With Interim Relief and Office Report) SLP(C) No. 17469/2014 (With Interim Relief and Office Report) SLP(C) No. 17495/2014 (With Interim Relief and Office Report) SLP(C) No. 17509/2014 (With Interim Relief and Office Report) SLP(C) Nos. 17860-17862/2014 (With Office Report) SLP(C) No. 17869/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Office Report for Direction)

SLP(C) Nos. 18043-18044/2014 (With Interim Relief and Office Report) SLP(C) Nos. 18199-18230/2014 (With appln.(s) for amendment of cause title and Interim Relief and Office Report) SLP(C) No. 18254/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 18261/2014 (With Interim Relief and Office Report) SLP(C) No. 18317/2014 (With Interim Relief and Office Report) SLP(C) No. 18331/2014 (With Interim Relief and Office Report) SLP(C) No. 18334/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 18354/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 18358/2014 (With Interim Relief and Office Report) SLP(C) No. 18395/2014 (With Interim Relief and Office Report) SLP(C) No. 18458/2014 (With Interim Relief and Office Report) SLP(C) No. 18956/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 19116/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and permission to place addl. documents on record and Interim Relief and Office Report)

SLP(C) No. 19261-19268/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 19401/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and permission to file additional documents and Interim Relief and Office Report) SLP(C) No. 19448/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 19575/2014 (With Interim Relief and Office Report) SLP(C) No. 19640/2014 (With Interim Relief and Office Report) SLP(C) No. 19686/2014 (With Interim Relief and Office Report) SLP(C) No. 19709-19720/2014 (With Interim Relief and Office Report) SLP(C) No. 19728/2014 (With Interim Relief and Office Report) SLP(C) No. 19752/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 19774/2014 (With Interim Relief and Office Report) SLP(C) No. 19782-19784/2014 (With Interim Relief and Office Report) SLP(C) No. 19785/2014 (With Interim Relief and Office Report) SLP(C) No. 19786/2014 (With Interim Relief and Office Report) SLP(C) Nos. 19789-19808/2014 (With appln.(s) for amendment of cause title and exemption from

filing c/c of the impugned judgment and Interim Relief)

SLP(C) Nos. 19818-19831/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report)

SLP(C) No. 19880/2014 (With Interim Relief and Office Report)

SLP(C) No. 20340/2014 (With Interim Relief and Office Report)

SLP(C) No. 20383/2014 (With Interim Relief and Office Report)

SLP(C) No. 20406/2014 (With Interim Relief and Office Report)

SLP(C) No. 20581/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and permission to place addl. documents on record and Interim Relief and Office Report)

SLP(C) No. 20940/2014 (With Interim Relief and Office Report)

SLP(C) No. 20956/2014 (With Interim Relief and Office Report)

SLP(C) No. 21054/2014 (With Interim Relief and Office Report)

SLP(C) Nos. 21396-21397/2014 (With Office Report)

SLP(C) No. 21399/2014 (With Interim Relief and Office Report)

SLP(C) No. 21500-21511/2014 (With Office Report)

SLP(C) Nos. 21615-21622/2014 (With Interim Relief and Office Report)

SLP(C) No. 21624/2014 (With Interim Relief and Office Report)

SLP(C) No. 21928/2014 (With Interim Relief and Office Report) SLP(C) No. 22665/2014 (With Interim Relief and Office Report) SLP(C) No. 22677/2014 (With Interim Relief and Office Report) SLP(C) Nos. 22688-22693/2014 (With Interim Relief and Office Report) SLP(C) No. 22777-22779/2014 (With Interim Relief and Office Report) SLP(C) No. 22781/2014 (With Interim Relief and Office Report) SLP(C) No. 23484/2014 (With Office Report) SLP(C) No. 23492-23493/2014 (With Office Report) SLP(C) No. 23495/2014 (With Office Report) SLP(C) No. 23556/2014 (With Interim Relief and Office Report) SLP(C) Nos. 24581-24583/2014 (With Office Report) SLP(C) Nos. 27121-27122/2014 (With Interim Relief and Office Report) SLP(C) Nos. 22950-22953/2014 (With Interim Relief and Office Report) SLP(C) Nos. 27062-27065/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) Nos. 24541-24542/2014 (With Interim Relief and Office Report) SLP(C) No. 27200/2014 (With appln.(s) for c/delay in filing SLP and Office Report)

SLP(C) No. 26323/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 26324/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) Nos. 27201-27204/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) Nos. 26061-26064/2014 (With Interim Relief and Office Report) SLP(C) No. 26819/2014 (With Interim Relief and Office Report) SLP(C) No. 24857/2014 (With Interim Relief and Office Report) SLP(C) Nos. 27674-27675/2014 (With Office Report) SLP(C) No. 28332/2014 (With Interim Relief and Office Report) SLP(C) No. 28354/2014 (With Interim Relief and Office Report) SLP(C) No. 28358/2014 (With Interim Relief and Office Report) SLP(C) No. 28606/2014 (With Interim Relief and Office Report) SLP(C) No. 29863-29864/2014 (With Office Report) SLP(C) No. 28246/2014 (With Interim Relief and Office Report) SLP(C) No. 29242-29243/2014 (With Interim Relief and Office Report) SLP(C) No. 32016/2014 (With Interim Relief and Office Report)

SLP(C) No. 31408/2014 (With Office Report) SLP(C) Nos. 31800-31801/2014 (With Interim Relief and Office Report) SLP(C) No. 35438/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 36224/2014 (With Office Report) SLP(C) No. 35460/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 34650/2014 (With Interim Relief and Office Report) SLP(C) No. 2689/2015 (With Interim Relief and Office Report) SLP(C) No. 663/2015 (With Interim Relief and Office Report) SLP(C) No. 35082/2014 (With Interim Relief and Office Report) SLP(C) No. 36504/2014 (With Interim Relief and Office Report) SLP(C) No. 1302/2015 (With appln.(s) for directions and Office Report) SLP(C) No. 4494/2015 (With Interim Relief and Office Report) SLP(C) No. 2841/2015 (With Interim Relief and Office Report) SLP(C) No. 4478/2015 (With Interim Relief and Office Report) SLP(C) No. 8551/2015 (With appln.(s) for c/delay in filing SLP and Office Report)

SLP(C) No. 7102/2015 (With Interim Relief and Office Report) SLP(C) No. 7096/2015 (With Interim Relief and Office Report) SLP(C) No. 16494/2015 (With Interim Relief and Office Report) SLP(C) No. 16617/2015 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 16487/2015 (With Interim Relief and Office Report) C.A. No. 8249/2015 SLP(C) No. 12607/2015 (With Interim Relief and Office Report) SLP(C) No. 34088/2015 (With appln.(s) for permission to file additional documents and Interim Relief and Office Report) SLP(C) No. 3063/2016 (With Office Report) SLP(C) No. 3516/2016 (With Interim Relief and Office Report) Date : 12/05/2016 These matters was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Gopal Choudhary, Adv. Ms. Liz Mathew, Adv. For M/s. MCLM & Co. Mr. C. S. N. Mohan Rao,Adv. Mr. Abhijit Sengupta,Adv. Mr. Sudhir Naagar,Adv.

Mr. Prashant Khatana, Adv. Mr. P.P. Rao, Sr. Adv. Mr. Y. Raja Gopala Rao,Adv. Mr. Nagarjuna Babu, Adv. Mr. Hitendra Nath Rath, Adv. Mr. V. Giri, Sr. Adv. Mr. Challa Gunaranjan, Adv. Ms. Y. Vismai Rao, Adv. Mr. Hitendra Nath Rath, Adv. Mr. Ananga Bhattacharyya,Adv. Mr. Mukund P. Unny, Adv. Mr. B. Ramana Murthy,Adv. Mr. M. Srinivas R. Rao, Adv. Mr. Abid Ali B., Adv. Mr. Arun Devdas, Adv. For Mrs. Sudha Gupta,Adv. Mr. Rakesh Dahiya,Adv. Mr. Shantanu Jugtawat, Adv. Mr. B. Rama Krishna Rao, Adv. Mr. Sumit Nain, Adv. Mr. D. Mahesh Babu, Adv. Mr. Suchitra Hrangkhwal, Adv. Mr. Amit K. Nain, Adv. Mr. T.V. Bhaskar Reddy, Adv. Mr. M. P. Shorawala,Adv. Mr. M. Rambabu, Adv. Mr. N. Eswara Rao, Adv. For M/s. M. Rambabu & Co.,Adv. Mr. Senthil Jagadeesan,Adv. Mr. Venkateswara Rao Anumolu,Adv. Mr. Goli Rama Krishna, Adv. Mr. Shashwat Goel, Adv. Mr. G. Umapathy, Adv. Mr. Rohit K. Singh,Adv. Mr. M.A. Venkata Subramanian, Adv.

Ms. R. Mekhala, Adv. Mr. S. Ram Subramanian, Adv. Mr. Shishir Pinaki, Adv. Mr. Rajiv Kumar Sinha, Adv. Mr. Sanjay Jain,Adv. Mr. Vikas Mehta,Adv. Mr. Rajat Sehgal, Adv. Mr. Varun Singh, Adv. Dr. A. Francis Julian, Sr. Adv. Mr. Upendra Gupta, Adv. Mr. Danish Zubair Khan,Adv. For Respondent(s) Mr. B. Adinarayana Rao, Sr. Adv. Mr. Sooyuj, Adv. Ms. Sangita Chauhan, Adv. Ms. Surabi, Adv. Mr. Rakesh K. Sharma,Adv. Mr. K. V. Mohan,Adv. Mr. K.V. Balakrishnan, Adv. Mr. R.K. Raghavan, Adv. Mr. Rajiv Nanda, Adv. Mr. G.S. Makker, Adv. Mr. B. Krishna Prasad, Adv. Mr. G. N. Reddy,Adv. Mr. S. Udaya Kumar Sagar, Adv. Mr. Prashant Kr. Tyagi, Adv. For M/s. Venkat Palwai Law Ass. UPON hearing the counsel the Court made the following O R D E R Heard the further submissions of Mr. V. Giri, learned senior counsel for the petitioners in S.L.P. (C) Nos. 18199-18230 of 2014. Also heard the submissions of Mr. P.P. Rao, learned senior counsel for

the petitioners in S.L.P. (C) Nos. 15245-15270 of 2014

and Mr. B. Adinarayana Rao, learned senior counsel for the respondents/distributor Companies. Mr. K.V. Mohan, learned counsel for the Andhra Pradesh Electricity Regulatory Commission ("APERC") adopts the arguments of Mr. B. Adinarayana Rao, learned senior counsel.

Judgment reserved.

Liberty is given to the parties to file their written submissions within a week.

(S.K. RAKHEJA) COURT MASTER

(MALA KUMARI SHARMA) COURT MASTER