IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 18662 of 2004 Between: M/s. Spectrum Power Generation Ltd., A Company registered under the Companies Act, 1956 having its Corporate Office at D.No. 6-28 & 6-29, Saroornagar, Hyderabad - 500 035. ..... PETITIONER AND 1 Transmission Corporation of Andhra Pradesh Limited, Rep by its Chairman & Managing Director, Vidyut Soudha, Hyderabad. 2 Chief Engineer, Commercial & IT APTRANSCO, Vidyut Soudha, Khairatabad, Hyderabad. 3 FA & CCA (A & E) APTRANSCO, Vidyut Soudha, Khairatabad, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in unilaterally, unauthorizedly and arbitrary reducing the provisional project cost of the petitioner compnay as approved by the competent authorities and highhandedly deducting the amounts from the monthly bills payable to the petitioner in violative of the terms of the Power Purchase Agreement dated 23-01-1997 is arbitrary, illegal and in breach of the provisions of Statutory Contract and consequently direct the respondents not to deduct any sum from the monthly bills of the petitioner and also refund the amounts deducted together with interest in terms of PPA and pass Counsel for the Petitioner:MR.S.RAVI Counsel for the Respondents: SMT.M.VINOBHA DEVI The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18662 of 2004 ORDER: Learned counsel for the petitioner, having regard to the decision of the Supreme Court in Gujarat Urja Vikas Nigam Ltd v Essar Power Ltd[1], seeks leave of this Court to withdraw the writ petition with liberty to approach the Andhra Pradesh Electricity Regulation Commission under Section 86(1) (f) of the Electricity Act, 2003. Granting leave and liberty to do so and without expressing any opinion on merits of the case, the writ petition is dismissed as withdrawn. However, interim order passed by this Court on 12.10.2004 in W.P.M.P.No.24556 of 2004 shall continue in force for a period of four weeks from today to enable the petitioner to obtain appropriate interim orders with regard to deductions that were sought to be made by ﬁrst respondent from the amounts payable by the petitioner under the power purchase agreement dated 23.01.1997. No costs. ______________ (V.V.S.RAO, J) 10th November, 2008 GHN To 1 Transmission Corporation of Andhra Pradesh Limited, Rep by its Chairman & Managing Director, Vidyut Soudha, Hyderabad. 2 Chief Engineer, Commercial & IT APTRANSCO, Vidyut Soudha, Khairatabad, Hyderabad. 3 FA & CCA (A & E) APTRANSCO, Vidyut Soudha, Khairatabad, Hyderabad. 4 2CD copies Form-NIC-OGS/WP{RLD} [1] (2008) 4 SCC 755