KSK MAHANADI POWER COMPANY LTD Vs. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED &ORS

JUDGEMENT

(1.) The hearing was conducted through video conferencing.

(2.) Petitioner impugns notice dated 19.12.2020 (sic) issued by AP Discoms seeking termination of the Power Purchase Agreement (PPA for short) and further seeks a direction to respondent no. 3 to grant consent for open access to enable the petitioner to make available the power to AP Discoms in terms of the Power Purchase Agreement.

(3.) Learned Senior Counsel for the respondent objects to the maintainability of the present petition. It is contended that the petition has been filed by one Mr. Anand Tiwari, the Executive-Corporate Affairs of the petitioner company. It is submitted that as the petitioner company is undergoing Corporate Insolvency Resolution Process and a Resolution Professional has already been appointed, there is no authority of said Mr. Anand Tiwari to file the present petition and the petition should have been filed by the Resolution Professional.