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The Telangana High Court dismissed a writ petition, filed by M/s GVK Gautami Power Limited astir 9 years agone seeking reimbursement of ₹24.28 crore from powerfulness organisation companies of Andhra Pradesh and Telangana, with costs of 1 lakh rupees.
Justice Nagesh Bheemapaka of the High Court, delivering the verdict, said that the plea lacked territorial jurisdiction. He besides observed that execution of an bid passed by a sub-ordinate tribunal (in this lawsuit an bid issued successful 2013 by AP Electricity Regulatory Commission) cannot beryllium ordered successful proceedings nether writ jurisdiction. The costs imposed should beryllium paid to the respondents successful the case.
The tribunal did not hold with the petitioner company’s contention that powerfulness organisation companies cannot question dismissal of its plea since it was pending for past 9 years. The justice said the tribunal was “awestruck to enactment that the powerfulness organisation companies (respondents) did not marque immoderate assertion of the magnitude earlier the National Company Law Tribunal (NCLT) wherever the petitioner company’s proceedings nether Insolvency and Bankruptcy Code (IBC) are pending.
They did not adjacent marque an exertion earlier the Insolvency Resolution Professional regarding their assertion which was pending earlier the Central Electricity Regulatory Commission, the justice said. The justice instructed the officials of the TRANSCO departments of some the States and each the DISCOMS to probe into the substance to ascertain who was liable for not making the assertion which resulted successful nonaccomplishment to nationalist ex-chequer.
The petitioner company, which was into the concern of procreation and merchantability of electrical energy, entered into a Power Purchase Agreement (PPA) successful 1997 with the past AP Electricity Board which yet got divided into antithetic TRANSCO companies pursuing bifurcation of the State.
According to the petitioner, the powerfulness organisation companies of the 2 States were bound to reimburse each taxes levied connected its income including the Minimum Alternate Tax (MAT) paid by it to the Income Tax department.
The petitioner company’s powerfulness task was located successful Peddapuram of Kakinada territory successful AP, coming nether territorial jurisdiction of the AP High Court. The PPA was besides made with the authorities operating successful and from AP. All transactions and the origin of enactment was from the AP. The plea of the institution was astir an bid passed by the APERC. “Hence, it is to beryllium held that this Court does not person territorial jurisdiction to entertain the writ petition,” the verdict said.
