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Judgment
R.Subramanian, J
The prayer in the writ petition reads as follows:-
“calling for the records relating to the memo No.CFC/FC/Rev./AS.3/D.325/17 dated 15.03.2017 of the 4th respondent, Memo No.CFC/Rev./FC/Rev./AS.3/F.CGP/D.203/17 dated 18.03.2017 of the 3rd respondent and Memo No.CFC/Rev./FC/Rev./AS.3/F.CGP/D.329/17 dated 30/31.3.2017 of the 2nd respondent, and quash the same and forbear the respondents from in any manner cancelling the Captive Generating Plant status of the petitioner herein and the captive user status of the Share holders/ Consumers under the petitioner herein and from imposing the demand for cross subsidy surcharge against the captive consumers of the petitioner.
While Mr.K.Seshadri, learned counsel appearing for the petitioner would contend that the issue is covered by the decision of the APTEL in Appeal No.133 of 2020 dated 07.06.2021, Ms.V.Revathy, learned counsel appearing for the respondents would submit that though TANGEDCO has withdrawn its appeal against the judgment of the APTEL, the Maharastra State Electricity Generation Corporation and TATA Power Company have filed appeals, which are pending before the Hon'ble Supreme Court.
Dealing with a similar situation in W.P.No.16941 of 2017, this Court had disposed of a similar writ petition directing the parties to abide by the result of the judgment of the Hon'ble Supreme Court which would be passed in the pending proceedings before it. It is not in dispute that the said judgment of the Hon'ble Supreme Court as and when rendered will cover the issue raised in this writ petition also.
Hence, this writ petition is disposed of with a direction that the parties will abide by the result of the orders of the Hon'ble Supreme Court in the pending appeals against the orders of the APTEL. No costs. Consequently, the connected writ miscellaneous petitions are closed.