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  

against a final judgment and order dated 18th 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  

interim orders dated 28th of February, 2007 and 27th  

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]           

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