Telangana High Court

WA/429/2026 of Southern Power Distribution Company of Telangana Limited Vs Carbon Resoufces Private Limited on 13 April 2026

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENry SIX PRESENT I i i i I I L : I i ; 1 I l I THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT APPEAL NO: 429 OF 2026 Writ Appeal under

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

MONDAY, THE THIRTEENTH DAY OF APRIL

TWO THOUSAND AND TWENry SIX

PRESENT

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THE HONOURABLE SRI JUSTICE P.SAM KOSHY

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THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA

WRIT APPEAL NO: 429 OF 2026

Writ Appeal under clause 15 of the Letters Patent against the Order Dated 3110312026 in W.P No. 20405 ot 2025 on the file of the High Court.

Between:

I . Southern Power Distribution Company of Telangana Limited, (TSSPDCL), having office at 64-50, Mint Compound, Hyderabad 500063, Telangana State 500063

2. The Superintending Engineer, Southern Power Distribution Company of Telangana Limited, Operation Circle, Medak District

..APPELLANTS

AND

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1. Carbon Resources Private Limited, A Company incorporated under the Companies Act, 1956 and having its office at Saberwal House, 558, Mirza Galib Street, 3rd Floor, Kolkata, West Bengal 700016 represented by its Authorised Signatory, Kaushik Ghosh

2. The State of Telangana, represented by its Principal Secretary (Land Revenue), Telangana Secretariat (B.R.Ambedkar Bhavan), Hyderabad 500022

3. The State of Telangana, represented by its Principal Secretary (Energy), Telangana Secretariat (B.R. Ambedkar Bhavan), Hyderabad 50OO22

4. District Collector, District Collectorate, Medak District, Telangana

5. Authorized Officer and Tahsildar, Office of the Tahsildar, Chegunta Mandal, Medak District, Telangana 502255

6. Travisa Trading Private Limited, A Company incorporated under the Companies Act, 1956/2013, 22, BRB Basu Road, Canning Street, Kolkata, West Bengal 700001 represented by its Authorized Signatory ...RESPONDENTS

l.A. NO: 1OF 2026 Petition under Section 151 CPC praying that in the circt .nstances stated in the affidavit filed in support of the petition, the High Cou( ma y be pleased to grant interim stay of all further proceedings pursuant to the Order ( ated 31.3.2026 in W p No. 20405 of 2025 passed by Honble Sri Justice B.V|JA., iEN REDDY, pending disposal of W.A. No. of 2026, in the interests of justice. Counsel Counsel Counsel Counsel Counsel for the for the for the for the for the Appellant : SRI N.SREEDHAR REDDY ( SC FOR TGSPDCL) Respondent No.1 : SRI S.RAVI, Senior Cc,r nsel rep., SRI D.NARENDI.I I NAtK Respondent No.2,4&5: cP FOR REVENUT: Respondent No.3 : GP FOR ENERGY Respondent No.6 : The Court made the following: JUDGMENT I l

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA W.A.No.429 OF 2026 13.04.2026 Betwcen Southem Pow,er Distribution Company of Telangana Limited (TSSPDCL), and another ...Appellants AND Carbon Resources Private Limited, ,4. Company incorporated under the Companies At, 1956 and having its office Saberwal House, 558, Mirza Calib Street, 3'd Floor, Kolkata, West Bengal 700016 Represented by its Authorised Signatory KaushikGhosh&5others . . . Respondents ORDER: gtcr ll<tn'ble Sri Jusricc P.Sam Koshyl Heard Sri N. Sreedhar Reddy, learned Standing Counsel lor Southem Power Distribution Company of Tetangana Limited appearing lor the appellant and Sri S.Ravi, leamed Senior Counsel representing Sri D. Narender Naik, leamed counscl br respondent / writ petitioner.

2. The present writ appeal has been filed aggrie,, :d by the order dated 31.03.2025 passed in W.p. No.20405 of 2025

3. The operative portion of the impugned o;.r er, for ready reference, is reproduced hereunder: "In the tight of the above submissions, and c rnsidering the urgency pleaded by the petitioner anrl the theft incidents that have occurred earlier, the or der dated 21.08.2025 is modified and the petitioner is p,t r.rnitted ro remove sheds, Pollution Box-1, fumiture, elecl.ic motors (Big-6, Small-3), boiler chimney, oxygen cyl nders (17 Nos.), shed material (rrusses. pillars), generar I s (2 Nos.

- Jackson), small generators (7 Nos.), pTR co servatory tanks (6 Nos.), drums (with current oil) (9 Nos,.,. reactors (9 Nos.), capacitor cetls (9 boxes), electric cor rrol room and control panets ( l7 Nos.). 220-watt batterie ;, electric scrap and iron scrap, transformer l3}l33 l<V, 35/40 MVA (No.l), sealed wooden boxes (9 Nos.', CTs (ll Nos.), wooden box packaging, limbs (g Nos.), nsularors (54 Nos.), godown with electric marerial and L g motor, old cables (3 lots), small cables (10 lors) and l. t KV/33 KV (7 lots), weighbridge and bridge room ( [ . blower motors (5 Nos.), BI motors ( I No.), bolts iurr nuts ( I ton), steel marerial ( 1,000 mts), induction rr < tor ( I g0 HP), LAs (3 Nos.) with strucrure, CTs (132 I V) with structure, PTs (3 Nos.) with structure, VCBs 3 Nos.), !9s!type insulators ( l0 Nos.). I I KV CTs (2 I l os.) and 33 KV CTs (37 Nos.), subjecr to rhe condiric I of. the I

petitioner furnishing a bank guarantee ol Rs.7 crores as a tentative arrangement in the name of Respondent No.5. List the rnatter on 07.04.2026. The bank guarantee so furnished by the petitioner shall be deposited with the Regisrrar (Judicial-l), High Court for the State ofTelangana, and shall be subject to further orders of this Court."

4. The leamed Standing Counsel appearing lor the appellants, i.e., Southem Power Distribution Company ol Telangana Limited, subrnits that the plant and machinery which the respondent/writ petitioner intends to relnove h'om the subject property are rvorth 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 befoLe the writ court) to recover the outstanding dues frorn the respondent/writ petitioner.

5. At this juncture, the learned Senior Counsel representing Respondent No. I / original writ petitioner has produced a valuation chart before this Court, which, according to him, was prepared by the appellants themsclves. As per the said valuation, the value of the properties seized by the appetlants and per.rnitted to be removed by the writ couft is Rs.1t,83,39,074l- (Rupees I leven Crores Eighty-Three Lakhs Thirty-Nine Thousand and Seventy-For-rr only').

In view of the said valuation arrived at bt, lre appellants themselves, this Court queried the learned Senior Counsel lor Respondent No. 1 as to whether the respondent./,r -it petitioner. would be willing to lurnish a bank gualantee in ter r s of the said valuation.

1. On instructions, the leamed Senior Counsel subntits that Respondent No.1/writ petitioner is ready and willing o lr.rrnislr an additional bank guarantee over and above the bank luar.antee ol Rs.7,00,00,000/- (Rupees Seven Crores only) alreadl dirccted by the writ court

8. Accordingly. RespondenL No.l/writ petirioner hall fumish an additional bank guarantee of Rs.5,00,00,000/- rl:upees Fire Crores only) within a period of one week from the da e oi'receipt ol a copy ol this order to the Registrar (Judicial). Up:: r lurnishine of the said additional bank guarantee, Respondcr No. l/lvriL

petitioner shatl be perrnittcd to l'er.nove the plant and machinery as ordered by the rvrit coutl on i 1.03.2025.

9. The responCent/rvrit petitioner shall ensure that the bank guarantee is kept alive and extended from time to time till the writ petition is finatly decided. A copy of the bank guarantee shall also be furnished to the appellants.

10. Subject to the above rnodification, the order of the writ court stand confirmed and appellants are directed to ensure the implementation of the order by pcrrnitting the respondent No.l to remove the identified plants and machinery I l. Accordingly, the writ appeal is disposcd of- Consequently, misce[laneous petitions pending, if any, shall stand closed. SD/- MOHD. I DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER Secretariat Ambedkar The Authorized Signatory, Kaushik Ghosh Carbon Resoufces Private Limited' A company incorporated 'J;;il;6ornp'ni"t Act' 1956 and having its office at Saberwal House, 558, ft'r''Irz' C'fiO Stieet' erO Floor' Kolkata' West Bengal 700016. The Principal Secretary (Land R-evenue)' Telangana ie;t.n*b.J[* Bhavan), Hvderabad 5ooo22 tne enncipat Secretary (Energy)' Telangana Secretariat (B R Bhavan), HYderabad 500022 SMAIL To,

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4. The District Collector, District Collectorate, Medak Dislr:t, Telangana

5. The Authorised Officer and Tahsildar, Office of the Tahsildar, Chegunta Mandal, Medak District, Telangana 502255

6. The REGISTRAR (JUDICIAL-I), High Court for the l;tate of Telangana at Hyderabad. (As directed, the Respondent No.lM/rit Petition:r shall furnish an additional bank guarantee of Rs.5,00,00,000/- (Rupr es Five Crores only) with an period of one week from the date of rec,: pt of a copy of this order to the Registrar (Judicial).

7. One CC to SRI N.SREEDHAR REDDY, SC FOR TGS[) )CL IOPUC]

8. Two CCs to GP FOR REVENUE, High Court for the ltate of Telangana at Hyderabad. [OUT]

9. Two CCs to GP FOR ENERGY, High Court for the I rtate of Telangana at Hyderabad. [OUT]

10. One CC to SRI D.NARENDAR NAIK, Advocate. [OPUC) 1 1 . Two CD Copies. BSK TKS

I / HIGH COURT t DATED:13/0412026

JUDGMENT

WA.No.429 of 2026 DISPOSING OF THE WRIT APPEAL \ i $€ s74 ou l. il I x il c9a* *' P APF 2026 E

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