Transmission Corp. Of Andhra Pradesh Ltd vs. Sls Power Ltd

®& ITEM NO.46 & 47 & 48 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NOS. 1376-1385 OF 2013 TRANSMISSION CORP. OF A.P. LTD. & ORS. ETC. Appellant (s) VERSUS SLS POWER LTD. & ORS. ETC. Respondent(s) (With appln(s) for ex-Parte stay and stay and amendment of cause title and with prayer for interim relief) WITH Civil Appeal No. D 16177 of 2013 (With appln.(s) for condonation of delay in filing appeal and office report) Civil Appeal NO. 7860-7861 of 2013 (With office report) Civil Appeal No. D 22208 of 2013 (With appln.(s) for condonation of delay in filing appeal and office report) Civil Appeal No. D 14960 of 2013 (With appln.(s) for condonation of delay in filing appeal and c/delay in refiling appeal and office report) Civil Appeal No. D 22046 of 2013 (With appln.(s) for condonation of delay in filing appeal and office report) Civil Appeal No. D 32494/2013 (With appln.(s) for condonation of delay in filing appeal and office report) Civil Appeal No. D 16229/2013 (With appln.(s) for condonation of delay in filing appeal and c/delay in refiling appeal and office report) Civil Appeal No. D 16230/2013 (With appln.(s) for condonation of delay in filing appeal and c/delay in refiling appeal and office report) Date: 16/12/2013 These Appeals were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA

For Appellant(s) CA 1376-1385/13 Mr. Mohan Parasaran, SG Mr. A. Subba Rao, Adv. C.A. D.16177/13 Mr. S. Sadasiva Reddy, Adv. Mrs. S. Usha Reddy, Adv. C.A. 7860-61/13 & Mr. P.S. Patwalia, Sr. Adv. D22208/13, D14960/13, Mr. Gopal Choudhary, Adv. D22046/13 & rr Ms. Liz Mathew, Adv. in CA 1376-85/13 Mr. M.P. Philip, Adv. for M/s Mclm & Co. C.A. Nos. D32494/13, D.16229/13,D.16230/13 & rr in C.A.1376-85/13 Mr. V. Giri, Sr. Adv. Mr. Y. Raja Gopala Rao, Adv. Mr. Chatta Gunaranjan, Adv. Ms. Y. Vismai Rao, Adv. Mr. Hitendera Nath Rath, Adv. For Respondent(s) Mr. V. Giri, Sr. Adv. Ms. Swapna Seshadri, Adv. Mr. Pramod Dayal, Adv. Mr. Nikunj Dayal, Adv. Ms. Payal Dayal, Adv. UPON hearing counsel the Court made the following O R D E R

C.A. NOS. 1376-1385/2013 Application for amendment of cause title is allowed. Let cause title be amended within two weeks. Issue notice.

We have heard learned counsel for the parties on the prayer for interim relief. We are not inclined to grant any interim relief at this stage. However, in view of the statement made by Mr. P.S. Patwalia, learned Senior Counsel on instructions from Ms. Liz Mathew, Advocate that even if the orders of the Regulatory Commission are fully implemented, the appellants would only have to pay tariff at the rate of less than Rs.5/ per unit, the appellants are directed that they will continue to make the payment on the basis of the tariff now fixed by the Regulatory Commission. This payment, however, will be subject to the final decision of the appeals. In case the appeals are ultimately allowed, the necessary adjustment will be made in accordance with law.

In the meantime, there shall be stay of further proceedings in Contempt Case No.1673 of 2013 initiated by M/s Clarion Power Corporation Limited pending on the file of the High Court of Andhra Pradesh at Hyderabad.

List the appeals for final disposal on 5th February, 2014

C.A. NOS.D.16177/2013, 7860-7861/2013, D.22208/2013, D.14960/2013, D.22046/2013, D.32494/2013, D.16229/2013, D.16230/2013

Issue notice on the applications seeking condonation of delay as also in the appeals.

Tag with Civil Appeal Nos.1376-1385/2013.

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