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CDJ 2026 TSHC 194
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| Court : High Court for the State of Telangana |
| Case No : W.A. No. 429 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE P. SAM KOSHY & THE HONOURABLE MR. JUSTICE NARSING RAO NANDIKONDA |
| Parties : Southern Power Distribution Company of Telangana Limited (TSSPDCL) & Others Versus Carbon Resources Private Limited & Others |
| Appearing Advocates : For the Petitioner: N. Sreedhar Reddy (SC), Advocate. For the Respondents: D. Narendar Naik, Advocate. |
| Date of Judgment : 13-04-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- None
2. Catch Words:
- Bank guarantee
- Writ appeal
- Valuation
- Removal of plant and machinery
- Urgency
- Implementation of order
3. Summary:
The writ appeal filed by Southern Power Distribution Company of Telangana Limited challenges the order permitting the petitioner to remove extensive plant and machinery subject to a Rs.7‑crore bank guarantee. The appellant argued that the value of the assets exceeds the guarantee, risking recovery of dues. The respondent produced a valuation of Rs.11.83 crore and agreed to furnish an additional Rs.5 crore guarantee, bringing the total to Rs.12 crore. The Court directed the respondent to deposit the additional guarantee within a week and keep it alive until final disposal. The original order allowing removal of the assets was confirmed, and the writ appeal was disposed of. All pending miscellaneous petitions were ordered to stand closed.
4. Conclusion:
Appeal Dismissed |
| Judgment :- |
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P. Sam Koshy, J.
1. Heard Sri N. Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited appearing for the appellant and Sri S.Ravi, learned Senior Counsel representing Sri D. Narender Naik, learned counsel for respondent / writ petitioner.
2. The present writ appeal has been filed aggrieved by the order dated 31.03.2025 passed in W.P. No. 20405 of 2025.
3. The operative portion of the impugned order, for ready reference, is reproduced hereunder:
“In the light of the above submissions, and considering the urgency pleaded by the petitioner and the theft incidents that have occurred earlier, the order dated 21.08.2025 is modified and the petitioner is permitted to remove sheds, Pollution Box-1, furniture, electric motors (Big–6, Small–3), boiler chimney, oxygen cylinders (17 Nos.), shed material (trusses, pillars), generators (2 Nos. – Jackson), small generators (7 Nos.), PTR conservatory tanks (6 Nos.), drums (with current oil) (9 Nos.), reactors (9 Nos.), capacitor cells (9 boxes), electric control room and control panels (17 Nos.), 220-watt batteries, electric scrap and iron scrap, transformer 132/33 KV, 35/40 MVA (No.1), sealed wooden boxes (9 Nos.), CTs (11 Nos.), wooden box packaging, limbs (8 Nos.), insulators (54 Nos.), godown with electric material and big motor, old cables (3 lots), small cables (10 lots) and 132 KV/33 KV (7 lots), weighbridge and bridge room (1), blower motors (5 Nos.), BI motors (1 No.), bolts and nuts (1 ton), steel material (1,000 mts), induction motor (180 HP), LAs (3 Nos.) with structure, CTs (132 KV) with structure, PTs (3 Nos.) with structure, VCBs (3 Nos.), post-type insulators (10 Nos.), 11 KV CTs (21 Nos.) and 33 KV CTs (37 Nos.), subject to the condition of the petitioner furnishing a bank guarantee of Rs.7 crores as a tentative arrangement in the name of Respondent No.5.
List the matter on 07.04.2026.
The bank guarantee so furnished by the petitioner shall be deposited with the Registrar (Judicial-I), High Court for the State of Telangana, and shall be subject to further orders of this Court.”
4. The learned Standing Counsel appearing for the appellants, i.e., Southern Power Distribution Company of Telangana Limited, submits that the plant and machinery which the respondent/writ petitioner intends to remove from the subject property are worth more than the bank guarantee ordered by the writ court. It is contended that, if the order is acted upon and the writ petition is ultimately dismissed, it would be difficult for the appellants (who are the respondents before the writ court) to recover the outstanding dues from the respondent/writ petitioner.
5. At this juncture, the learned Senior Counsel representing Respondent No.1 / original writ petitioner has produced a valuation chart before this Court, which, according to him, was prepared by the appellants themselves. As per the said valuation, the value of the properties seized by the appellants and permitted to be removed by the writ court is Rs.11,83,39,074/- (Rupees Eleven Crores Eighty-Three Lakhs Thirty-Nine Thousand and Seventy-Four only).
6. In view of the said valuation arrived at by the appellants themselves, this Court queried the learned Senior Counsel for Respondent No.1 as to whether the respondent/writ petitioner would be willing to furnish a bank guarantee in terms of the said valuation.
7. On instructions, the learned Senior Counsel submits that Respondent No.1/writ petitioner is ready and willing to furnish an additional bank guarantee over and above the bank guarantee of Rs.7,00,00,000/- (Rupees Seven Crores only) already directed by the writ court.
8. Accordingly, Respondent No.1/writ petitioner shall furnish an additional bank guarantee of Rs.5,00,00,000/- (Rupees Five Crores only) within a period of one week from the date of receipt of a copy of this order to the Registrar (Judicial). Upon furnishing of the said additional bank guarantee, Respondent No.1/writ petitioner shall be permitted to remove the plant and machinery as ordered by the writ court on 31.03.2025.
9. The respondent/writ petitioner shall ensure that the bank guarantee is kept alive and extended from time to time till the writ petition is finally decided. A copy of the bank guarantee shall also be furnished to the appellants.
10. Subject to the above modification, the order of the writ court stand confirmed and appellants are directed to ensure the implementation of the order by permitting the respondent No.1 to remove the identified plants and machinery.
11. Accordingly, the writ appeal is disposed of.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
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