- (1.) Leave granted.
(2.) Memoranda of Understandings (MOUs) were executed between the first respondent - Andhra Pradesh Power Generation Corporation Limited and cement companies who are the appellants herein for lifting of fly ash from its Thermal Plants. Subsequently the first respondent Corporation terminated the MOUs alleging breach on the the part of the appellants. However, even after such termination, the first respondent permitted the cement companies to take 80% of the fly ash from two Thermal Units.
(3.) Subsequently the first respondent Corporation invited tenders in regard to the sale of fly ash and the cement companies challenged the notice inviting tenders by filing writ petitions. The said writ petitions are pending. The learned Single Judge had passed an interim order therein prohibiting finalization of tenders, on the ground that the appellants had been permitted to receive supply of fly ash even after termination of MOUs. The said interim order passed by the learned Single Judge was challenged by the first respondent- Corporation by filing writ appeals. A Division Bench of the Andhra Pradesh High Court by the impugned orders set aside the interim orders of the learned Single Judge, with an observation that pending finalisation of tenders, the first respondent Corporation may consider supplying fly ash to the writ petitioners for use in their industry. The effect of the order of the Division Bench is that the first respondent- Corporation is not bound to supply fly ash to the appellants.;