Oceanic Owners Association v. Rajesh Lakhoni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Oceanic Owners Association, Represented by its Secretary, Mr.V.P.Ravichandran ... Petitioner Vs.

1.Mr.Rajesh Lakhoni Chairman, Tamil Nadu Generation and Distribution Corporation, 10th Floor, NPKKR Maligai, Anna Salai, Chennai - 600 002.

2.Mr.Kumar Assistant Engineer, O&M, CEDC / SOUTH - II, Thalambur Chennai - 600 130.

... Respondents Prayer :

Contempt petition filed under Section 11 of the Contempt of Courts Act praying to punish the respondents herein for willful disobedience of the order of this Hon'ble Court dated 15.09.2021 passed in W.P.No.32003 of 2019.

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For Petitioner : Mr.Rohan Rajasekaran For Respondents : Mr.L.Jai Venkatesh Standing Counsel

O R D E R

This contempt petition is filed alleging willful disobedience of the order dated 15.09.2021 made in W.P.No.32003 of 2019. 2.Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents. 3.In the connected contempt petitions, this Court has already passed orders on 22.01.2024 and for better appreciation, the same is extracted hereunder:

"These matters are posted under the caption "for reporting compliance".

2.When the matters were taken up for hearing, a status report has been filed by the 2nd respondent and the relevant portion is extracted hereunder:

3.I render my unconditional apologies for non compliance of the order passed 2/5

by the Hon'ble Court. I humbly submit that necessary steps have been initiated for compliance of the order passed by the Hon'ble Court and an intimation has been sent vide letter dated 18.1.2024 to the petitioners herein that necessary steps are being taken for refund of excess payment made by the petitioners. I humbly submit that the file for refund of the excess payment is placed before the Superintending Engineer on 19.01.2024 for necessary approval and the said excess payment would be adjusted in the current consumption bill within a period of 8 weeks.

3. It is clear from the above that the respondent is willing to refund/adjust the current consumption charges payable by the petitioner in each case towards the future bills. 4.In view of the above, there shall be a direction to the 2nd respondent to adjust the excess amount lying with TANGEDCO starting from the current consumption bills that are to 3/5

be raised from the month of March 2024. Such adjustment will continue till the entire amount that is due and payable is set off.

5.Accordingly, these contempt petitions are clarified with the above directions."

4.In view of the above, there shall be a direction to the second respondent to adjust the excess amount lying with TANGEDCO starting from the current consumption bills that are to be raised from the month of April, 2024. Such adjustment will continue till the entire amount that is due and payable is set off.

5.This contempt petition is disposed of with the above directions. 16.02.2024 pri Index: Yes/No Speaking Order: Yes/No NCC: Yes/ No 4/5

N.ANAND VENKATESH,J.

pri Contempt Petition No.294 of 2024 16.02.2024 5/5