IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE SECOND DAY MAY, TWO THOUSAND EIGHT ONLY WRIT PETITION No.10187 and 10190 of 2008 WRIT PETITION No.10187 of 2008: Between: Spectrum Power Generation Limited, Reptd., by its Company Secretary Sri G. Venkateswar Reddy, Plot No.231, 8-2-293/82/A/231, 3rd floor, Road No.36, Jubilee Hills, Hyderabad. … Petitioner And Transmission Corporation of Andhra Pradesh Limited, reptd., through its Chairman & Managing Director, Vidyut Soudha, Khairtabad, Hyderabad and five others. … Respondents Counsel for the petitioner: Sri S.Ravi Counsel for the respondents: Sri O.Manohar Reddy. This Court made the following: COMMON ORDER:- These Writ Petitions are filed by the petitioner, who is common in both the cases, for a Writ of Mandamus to direct the Andhra Pradesh Electricity Regulatory Commission (for short “the Commission”) to dispose of the interlocutory applications of the petitioner under Section 94(2) of the Electricity Act, 2003. Heard Sri S.Ravi, learned counsel for the petitioner, and Sri O.Manohar Reddy, learned Standing Counsel for the respondents. In the manner in which the Writ Petitions are proposed to be disposed of, I do not find it necessary to narrate the facts in detail. It will suffice to observe that disputes arose in respect of the tariff fixed under the Power Purchase Agreement between the petitioner and the respondents. Eventually, this Court, while disposing of CMA Nos.925 and 926 of 2007 by order dated 22-4-2008, directed the Commission to dispose of the interlocutory applications to be filed by the petitioner within a period of one week from the date of their presentation. In the present Writ Petitions, the petitioner claimed that it has filed its applications on 19-4-2008 and that so far they are not heard and disposed of. Inasmuch as the petitioner’s liability to refund the alleged excess amounts included in the tariff, pertaining to Insurance premia and fixed charges, is in serious dispute, I am of the view that it would be in the interest of justice that the alleged excess amounts are not recovered from the petitioner’s current electricity bills payable to the respondents till such time as the Commission does not dispose of the applications filed by the petitioner. The Writ Petitions are accordingly disposed of. The Commission shall dispose of the applications of the petitioner in terms of order dated 22-4-2008 passed in CMA Nos.925 and 926 of 2007. Till then, the respondents shall not recover the disputed amounts from the petitioner. Registry is directed to mark a copy of this order to the Andhra Pradesh Electricity Regulatory Commission, Hyderabad, for taking necessary action in the matter. ------------------------------------ C.V.NAGARJUNA REDDY,J 2-5-2008 MNR