KODIREKKA SITHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard the learned Advocate General for the petitioners and Sri B.Prakash Reddy, Sri S.Niranjan Reddy, learned Senior Counsel appearing for the third respondent in the writ petitions and Sri Putluru Srinivas for the second respondent.

(2.) W.P.No.10814 of 2018 is directed against the order in I.A.No.211/2018 in Appeal No.41/2018, on the file of the Appellate Tribunal For Electricity at New Delhi dated 16.03.2018. W.P.13689 of 2018 challenges the order dated 26.02.2018 passed by the appellate Tribunal for Electricity, New Delhi in Appeal No.41 of 2018.

(3.) Petitioners are the distribution companies. On 15.04.1998 the erstwhile A.P. State Electricity Board and the third respondent herein entered into a Power Purchase Agreement. As per Clause 4.1.1 of Power Purchase Agreement dated 15.04.1998, R.3 was obligated to achieve financial closure within 12 months for discharging the obligation by the APSEB. Validity of the Power Purchase Agreement was extended till on 30.09.2001. In 2013, a Memorandum of Agreement was entered into between the third respondent and the Distribution Companies. Thereafter, the third respondent herein filed O.P.No.21 of 2015 before the A.P. Electricity Regulatory Commission, seeking determination of capital cost and tariff for supply of power. On 28.04.2016, the petitioners-distribution companies entered into an agreement with the third respondent for continuation of Power Purchase Agreement dated 15.04.1998. Thereafter, on 11.05.2016, the distribution Companies filed O.P.No.19 of 2016 for grant of approval for continuation of Power Purchase Agreement under Electricity Reforms Act, 1998.