HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1363 OF 2014 DATED:6.11.2014 Between:
M/s. DRA Industries Limited Having registered office 18/26, 1st Floor Loganathan Nagar, 2nd Street, Choolaimedu Chennai Having factory at APIIC Industrial Park Attivaram Village, Ozili Mandal SPSR Nellore District Rep. by its General Manager (Admin, HR& Comm.) Mr. S.K. Rahiman … Appellant And Southern Power Distribution Company of Andhra Pradesh Limited Rep. by its Chairman & Managing Director 19-13-65/A, Srinivasapuram Tirupati and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1363 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the respondent is present.
With the consent of the learned counsel appearing for the parties, we dispose of the appeal after admitting the same.
It appears that the learned trial Judge has not decided on the merits of this matter rather directed the respondent company to check up the same as the writ petitioner appellant has raised serious dispute relating to the alleged demand stating that nothing is due and payable by it and on the contrary it is entitled to have a refund. In this factual background, the learned trial Judge has directed that pending decision by the respondent authority, 25% of the demanded amount should be deposited. We are unable to subscribe to this order of deposit, as it is contrary to some extent dominant portion of the Order impugned by reason of the fact that, on one hand the concerned respondent official was asked to decide the matter and on the other hand, the learned trial Judge, by necessary implication, has accepted 25% of the claim to be genuine demand. We therefore delete this portion of the order of deposit, and direct the respondent concerned to dispose of the matter in terms of the order of the learned trial Judge within a period of six weeks from the date of communication of this order, obviously by giving reasons and a chance of hearing to the writ petitioner appellant.
The appeal is accordingly allowed in part to the extent indicated above modifying the impugned order.
Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.
K.J. SENGUPTA, CJ 6.11.2014 SANJAY KUMAR, J bnr