Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.8632-8634 OF 2009
(Arising out of SLP©Nos.10824-10826 of 2007)
M/s. Gautami Power Limited & Anr. ….Appellants
VERSUS
Transmission Corporation of
A.P. Ltd. & Ors. …Respondents
WITH
CIVIL APPEAL NOS.8635-8637 OF 2009
Arising out of SLP(C) Nos.10988-10990 of 2007)
O R D E R
Leave granted.
The present appeals by special leave are filed
th
against a final judgment and order dated 18 of
June, 2007 passed by a Division Bench of the High
Court of Judicature of Andhra Pradesh at Hyderabad
in Writ Appeal Nos.358, 483 and 484 of 2007,
whereby the Division Bench had set aside the
th th
interim orders dated 28 of February, 2007 and 27
of April, 2007 passed by the learned Single Judge
of the same High Court in interim applications
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filed in Writ Petition Nos.3827 and 3906 of 2007
respectively.
As noted herein earlier, against the aforesaid
orders of the Division Bench of the High Court, the
special leave petitions were filed in this Court,
in which notices were issued. Today, learned
counsel appearing for the parties have brought to
our notice that a settlement had already been
arrived at by the appellants and APTRANSCO-
respondent herein and the State, which has been
placed on record by way of an Interlocutory
Application No.7-9/2008, to which Gas Authority of
India Limited, respondent No.5, is not a party to
such settlement. Let the settlement arrived at by
the appellant and the APTRANSCO and the State be
kept on record. However, the learned counsel
appearing for the appellants submits, on
instruction, that while disposing of these appeals,
if the questions, which have been raised in these
appeals, are kept open, the same can be taken up
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and decided in appropriate cases and the appeals
can be disposed of with a direction that the
settlement arrived at by the parties excepting the
Gas Authority of India Limited, respondent No.5,
would be entitled to raise these questions in an
appropriate case, may be taken on record and shall
form part of this order.
We order accordingly. In view of the aforesaid,
the appeal is disposed of with the direction that
the settlement arrived at between the appellants,
APTRANSCO and the State be taken on record and
shall form part of this order. We make it clear
that the settlement arrived at by the parties shall
not bind Gas Authority of India Limited, respondent
No.5, which will be at liberty to take appropriate
steps in accordance with law.
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These appeals are disposed of accordingly with
no order as to costs. Interim order, if any, shall
stand vacated.
………………………………..….J.
[Tarun Chatterjee]
New Delhi; ……………………………………..J.
November 30, 2009. [Surinder Singh Nijjar]