IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 5942-5943 OF 2021

SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED APPELLANT(S)

VERSUS

ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION & ANR. RESPONDENT(S)

WITH

CIVIL APPEAL NOS.5961-5962 OF 2021

O R D E R

Heard learned counsel appearing for the appellant.

The impugned order has been passed in an appeal preferred by

the present appellant before the Appellate Tribunal for

Electricity. The impugned order reads thus:

"This matter has been taken up by video conference mode on account of pandemic conditions, it being not advisable to hold physical hearing.

IA NO. 1423 OF 2021 [For Urgent Listing]

This appeal has been listed before us for urgent hearing in the context of ongoing enforcement proceedings before the State Commission in respect of the order which is subject matter of challenge in this appeal pending before us. The service and pleadings in the main appeal are yet to be completed and the matter is presently pending before the Registrar for such purposes.

After some hearing, the learned counsel for the applicant/appellant submitted that the interest of the applicant/appellant would stand served if we were to clarify that payment, if any, made in terms of the impugned order to the contesting respondent would be subject to the outcome of this appeal. We order accordingly.

With these observations the application (IA no. 1423 of 2021) stands disposed of."

(underlines supplied)

Hence, it is obvious that I.A. for interim relief moved by the appellant was disposed of in terms of the statement made by the learned counsel appearing for the appellant. Apart from the fact that no substantial question of law arises, we fail to see how the appellant can be aggrieved by an order passed by the Appellate Tribunal which was invited by the appellant.

Hence, the Appeals are dismissed.

Pending applications stand disposed of.

..........................J. (ABHAY S.OKA)

..........................J. (PANKAJ MITHAL)

NEW DELHI; August 29, 2023.

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

Civil Appeal No(s). 5942-5943/2021

SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED Appellant(s)

VERSUS

ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION & ANR. Respondent(s)

(IA No. 122849/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 122850/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 122848/2021 - STAY APPLICATION)

WITH

C.A. No. 5961-5962/2021 (IA No. 123252/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 123253/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 123250/2021 - STAY APPLICATION)

Date : 29-08-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL

For Appellant(s)	Ms. Rajeswari Mukherjee, Adv.<br>Ms. Niti Richhariya, Adv.<br>Mr. Meeran Maqbool, Adv.
	Mr. Mahfooz Ahsan Nazki, AOR

For Respondent(s)	Mr. Aayush, Adv.<br>Mr. Rajat Srivastava, Adv.<br>Ms. Zeba Zoariah, Adv.<br>Mr. Sridhar Potaraju, AOR
	Mr. Anand K. Ganesan, Adv.

Mr. Nikunj Dayal, AOR

Ms. Aishwarya Subramani, Adv.

Mr. Pramod Dayal, Adv.

Ms. Harsha Rao, Adv.

The Civil Appeals are dismissed in terms of the signed order. Pending applications stand disposed of accordingly.

(ASHISH KONDLE) (AVGV RAMU)

COURT MASTER (SH) COURT MASTER (NSH)