Voices. Verdicts. Vision

Voices. Verdicts. Vision

Supreme Court Upholds Andhra Pradesh HC Ruling, Confirms Lenders’ Right to Recover Loans Despite DISCOM Payment Delays

Danu Wind Parks Pvt. Ltd. Vs. Union of India & Ors., [Heard on September 16, 2025]

Loan Recovery Rights

The Supreme Court has dismissed Special Leave Petitions (“SLPs”) filed by renewable energy companies, including Danu Wind Parks Pvt. Ltd. (“Danu”) and Ecoren Energy India Pvt. Ltd (“Ecoren”). These SLPs were filed to challenge the Andhra Pradesh High Court’s ruling that upheld lenders’ statutory rights to recover dues despite payment delays by state distribution companies (DISCOMs). SLP filed by Ecoren was tagged with the one filled by Danu via an order dated August 22, 2025.

A Bench of Justices J.B. Pardiwala and K.V. Viswanathan found “no good reason to interfere” with the High Court’s July 11, 2025 judgment, which had dismissed the writ appeals of renewable developers. The companies had argued that they defaulted on loan repayments because of delayed payments from DISCOMs, and hence, lenders should not invoke recovery measures.

The High Court, however, had held that lenders’ statutory recovery rights cannot be diluted merely due to DISCOM delays, placing the burden of repayment squarely on the borrowers.

With the Supreme Court’s dismissal of the SLPs the High Court’s ruling now attains finality.


Appearances

Petitioners- Mrs. Vibha Datta Makhija, Sr. Adv. Mr. Shariq Ahmed, Adv. Mr. Talha Abdul Rahman, Adv. Mr. Tariq Ahmed, Adv. Mr. Uday Bhatia, Adv. Mr. M Shaz Khan, Adv. Ms. Nehaol Venkateshwaran, Adv. Mr. Vinay Vats, Adv. M/s. Ahmadi Law Offices, AOR

Respondents- Mr. Amarjit Singh Bedi, AOR Mr. Varun Chandiok, Adv. Ms. Riya Seth, Adv. Mr. Gaganpreet Sandhu, Adv. Ms. Anubhi Goyal, Adv. Mr. S. Niranjan Reddy, Sr. Adv. Mr. Sidharth Sethi, AOR Ms. Shreya Sircar, Adv. Mr. Deepank Anand, Adv. Ms. Rajeshwari, Adv. Mr. Yelamanchili Shiva Santosh Kumar, Adv. Mr. Rudrajit Ghosh, Adv. Mr. Avi Leuna, Adv. Ms. Khyati Chhabra, Adv. Mr. Satish Kumar Shukla, Adv. Mr. Tarun Gupta, AOR

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Danu Wind Parks Pvt. Ltd. Vs. Union of India & Ors.

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