M/s.SrivenPolyPack v. The Telangana Southern Power Distribution Company of Ltd

M/s.SrivenPolyPack, AddressSy.NolgT,D.No5--9-287/21,Raiiv-Gandhi flusui t.e.Kukltpatty, Hyderabad' Rep by ils Manager, Sri D Ashok S/o.Sankar Rao , Aged about 51 Years ...APPELLANT/PETITIONER AND 1 . The Telangana Southern Power Distribution Company of Ltd , Rep by its Chairman And Managing Director, Mint Compound Hyderabad'

#2. The Superintending Engineer, Operation Circle, Secunderabad, TGSPDCL' Gun rock, Tirumalagiri, Secunderabad'

#3. The Senior Accounts Oflicer, Operation North Circle, Gunrock' TGSPDCL' Secunderabad.

#4. The Assistant Divisional Engineer, Operation North Circle' R.R-Nagar, I D P L' TGSPDCL, Hyderabad. ...RESPONDENTS/RESPONDENTS IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to remove and modify the condition of pay out of 40 o/o of the lmpugned notice Lr.No.SE/OP/Sec'bad/SAO/JAO(HT)D.No.253/2025 Dated 04-09-2025 issued bv the 2nd respondent to the Appellant/Petitioner servrce connection No. sEC '1 670 passed in W.P.No.27867 of 2025 dated 17-09-2025 pending cl s rosal of the above- writ appeal. Counsel for the Appellant: SMT JYOTHI ESWAR GOGINENI Counsel for the Respondents: SRI N.SREEDHAR REDDY, SO FOR TGSPDCL The Court delivered the following: JUDGMENT i THE HON'BLE WSTICE MOUSHUMI BHATTACIIARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR WRIT APPEAL No. 1146 of 2o2s Jyothi Eswar Gogineni, learned counsel appcaring for the appcllant N.Srecd har Reddy, lcarncd Sranding Counscl for TGSpDCL. JUDGMENT: (Per Hon'ble Justice Moushumi Bhattacharya\ We decline to interfere with the order dated 12.09.2025 passed by the learned Single Judge in W.P.No.2786T of 2O2S, since the impugned order is purely inrerim in nature.

#2. The contentions raised by the lcarned counsel appearing for the appellant with regard to jurisdiction of the Power Distribution Company to lery surcharge amount of Rs.13,48,372 / - is pending consideration before the learned Single Judge.

#3. The only direction given to the appellant is for payment of 4Ooh of the surcharge amount on or before 15. 1O.2025 i.e., today. Although we record the submission made on behalf of the petitioner that the petitioner is a Small Scale Industry and is unable to shoulder the financial burden, we are of the view that the petitioner will not be I prejudiced if 4Oo/o of the surcharge amount i.e., Rs.5,39,348/- is paid to the respondent-TGSPDCL as directed by the learned Single Judge. / \l \ 2 MB,J & GPK,J W.A.Na.7746 oJ 2O25

#4. It is also evident that all the disputed quesrions r:.r-e open before the learned Single .Judge, includrng the que stion ,,1 lhc Southe rn Power Distribution Company's jurisdiction to levy a s rrcherrge. It is ncedless to say that the appellant shall be at liberty t() r-que a1l points averilable to it before thc iearned Singte Judge.

#5. W.A.No.1746 of 2O25 is accordingly disposed o :rlong with alt conncc[cd applicrtions. The appeliant shall be zrr liberty to file appropriate application before the learned Sinrll : ,ludge for modification ol' thc impugned order. The time for co.r,oliance of the order dared 17.O9.2025 is extended till 31.1O.2025. There shall be no order as to costs //TRUE COPY// SD/- V.KAVITHA DEPUTY RE9ISTRAR /a I;ECTION OFFICER The Chairman And Managing Director, Telangan;,r Southern Power Distribution Company of Ltd., Mint Compound Hyderaba<] The Superintending Engineer, Operation Circle, Secur,.:erabad, TGSPDCL, Gun rock, Tirumalagiri, Secunderabad. The Senior Accounts Officer, Operation North Circle, ( 'unrock, TGSPDCL, Secunderabad. The Assistant Divisional Engineer, Operation North Circl,: R.R.Nagar, l.D.P.L, TGSPDCL, Hyderabad. One CC to SN/T JYOTHI ESWAR GOGINENI, Advocate lfPUCl ONC CC tO SRI N,SREEDHAR REDDY, SC FOR TGSPT)(]L [OPUC] Two CD Copies To, 1 2 3 4 5 6 7 BSR HIGH COURT DATED:1 511012025 JUDGMENT WA.No.1146 of 2025 (] TL t- I o ^.ss,' \() !,.: .:.' -' r, -,.'. 'i: j i.) ' DISPOSING OF THE WRIT APPEAL, WITHOUT COSTS \'( \c r{0 6 t