Maschmeijer Aromatics India v. The Tamil Nadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.29637 of 2010 Maschmeijer Aromatics (India) Private Limited Rep. by its Director Dr.S.M.Abdul Kader ... Petitioner Vs.
1.The Tamil Nadu Electricity Board, Rep. by its Chairman, 144, Anna Salai, Chennai - 600 002.
2.The Superintendent Engineer, CEDC/SOUTH/10KV SS Complex, K.K.Nagar, Chennai - 600 078.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for all the records of the respondents culminating in the demand notice of the 2nd respondent dated 15.11.2010 bearing reference LR.NO:SE/CEDC/S /DFC/AO/HT /AS/A.1/F.Pk.Hr.Penalty.74/D 780 / 2010 and quash the same and direct the 1st respondent to issue appropriate direction to the 2nd respondent to isue a revised demand for usage of power supply after taking into consideration the amount of Rs.1,02,839/- paid vide cheque dated 28/10/2010 bearing No: 580086 favouring the 2nd respondent and also the taking into consideration the 1% of power wastage allowed under transformer Capacity.
For Petitioner : Mr.G.Ravikumar For Respondents : Mr.P.H.Aravind Pandian, AAG Assisted by Mr.P.R.Dilipkumar
ORDER
The issue raised in the present writ petition has already been settled before the Appellate Tribunal for Electricity (APTEL). The writ petition challenges the excess charges levied for exceeding quota by the 2nd respondent. In this regard, the Tamil Nadu Electricity Regulatory Commission has passed an order on 04.05.2010, relevant portion of which reads as follows: "Para 11.7 para 3.9 of the order of the commission in RPNO.2 of 2008 explicitly states as follows, It must be borne in mind that excess demand charges and excess energy charges are https://hcservices.ecourts.gov.in/hcservices/
liable in addition to the penalty of drastic reduction of electricity supply to 5% (or 10%) during the following 48 hrs as the case may be for violation of restriction and control measures."
2.Against which, the aggrieved similarly placed persons filed appeal before the Appellate Tribunal for Electricity (APTEL) and obtained final order on 11.01.2011. 3.In this regard, the Tamil Nadu Electricity Board approached the Hon'ble Supreme Court by filing Civil Appeal Nos.1090 - 1099 of 2011 and the Hon'ble Supreme Court vide order dated 04.02.2011 entertained the Civil Appeals against the judgment of the Appellate Tribunal. On a perusal of the interim order dated 04.02.2011, there is a direction to the appellant therein/Tamil Nadu Electricity Board to furnish Bank Guarantee of a Nationalized Bank in favour of the Registrar (Judicial) of the Hon'ble Supreme Court.
4. Since the issue involved in the present writ petition is pending before the Hon'ble Supreme Court at the instigation of the respondent herein/ Tamil Nadu Electricity Board, the writ petition is disposed of directing the respondent to maintain status-quo as on date. Subject to the outcome of the Supreme Court order, the parties may seek remedy in the manner known to law.
5.Accordingly, the writ petition is disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.
2.The Superintendent Engineer, CEDC/SOUTH/10KV SS Complex, K.K.Nagar, Chennai - 600 078.
+1 cc to M/s.G.Ravikumar,Advocate Sr.No. 73086 AKM/14.10.19/2P-4C / W.P.No.29637 of 2010 https://hcservices.ecourts.gov.in/hcservices/