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 : 8955 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. ..... PETITIONER AND Transmission Corporation of Andhra Pradesh Limited, rep.by its Chairman & Managing Director, Vidyut Soudha, Hyderabad. .....RESPONDENT 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 issue an appropriate Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in unilaterally, unauthorisedly and arbitrarily deducting the amounts from the monthly bills payable to the petitioner in violation 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 Counsel for the Petitioner:MR.S.RAVI Counsel for the Respondent : MR.N.JAYASURYA FOR R12.4.05,VAK-SR The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8955 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leave and liberty to do so and without expressing any opinion on merits of the case, the writ petition is dismissed as withdrawn. 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 2CD copies Form-NIC-OGS/WP{VSR} [1] (2008) 4 SCC 755