THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.23588 OF 2011 ORDER Heard Sri S. Ravi, learned Senior Counsel for the petitioner, Sri O. Manohar Reddy, learned Counsel for respondents 1 to 4; Smt. Jyothi Eswar Gogineni, learned Counsel for respondents 5 & 6 and Sri P. Sri Raghuram, learned Counsel for respondent No.7. Petitioner’s limited grievance in this writ petition is that though his appeal before the Appellate Tribunal for Electricity, being Appeal No.90 of 2011 was allowed by order dated 10.8.2011 and thereafter, the dispute is required to be freshly adjudicated by the 7th respondent- commission, however, the interim stay which was in operation in favour of the petitioner by virtue of interim orders passed by this Court in W.P.No.18165 of 2003, dated 9.6.2009 and which continued during the earlier proceedings before the Commission in O.P.No.39 of 2009 may be declared to continue during the present proceedings pending before the Commission. Learned Senior Counsel submits that the proposition of continuation of stay as applicable to revival of interim orders in matters, which were dismissed in default but restored later would apply in the present case also. However, I am not inclined to agree with that proposition so far this case is concerned in view of the fact that this is not a case where case was dismissed for default and restored later. However, the learned Senior Counsel is right to the extent of seeking grant of stay in view of the fact that the petitioner’s Appeal No.90 of 2011 having been allowed, he cannot be in a worse position after succeeding in the appeal. Learned Senior Counsel also stated that the application for stay has already been independently made before the 7th respondent-Commission but it may take some time for commission to adjudicate upon the said application. In view of the balance of convenience being in favour of the petitioner, I deem it appropriate to dispose of the writ petition by directing that there shall be stay of all further proceedings in pursuance of the impugned letter viz., Lr.No.CE/Comml/DE-BPP/ADE-2/F.ROE 17.17/D.No.535/03, dated 20.8.2003, pending adjudication of application for stay already filed by the petitioner together with I.A.No.17 of 2009 in O.P.No.39 of 2009 already pending before the 7th respondent-Commission. The stay granted herein above shall continue to operate till the commission considers and passes appropriate orders on the applications in the O.P., as expeditiously as possible. Accordingly, the writ petition is disposed of. No costs. ______________________ VILAS V. AFZULPURKAR,J Dated: 25.8.2011 Note: Operative portion by wire at party’s costs B/O Nn THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.23588 OF 2011 25.8.2011