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Madras High CourtWMP/5423/2020ordered

Green Coconut Resorts v. The Chairman

2020-02-26Honourable Mr Justice M.Dhandapani4 pages

WMP.Nos.5423 & 5425 of 2020 in M.DHANDAPANI, J WMP.No.5423 of 2020, has been filed by the petitioner, praying this Court to permit the petitioner to pay the balance amount of Rs.8,72,614/- in respect of the Electricity Service Connection No.189 pursuant to the Assessment Order dated 30.06.2003 bearing Lr.No.EE/O&M/MMn/AE-P1/F.DKI/D of the 3rd respondent in six EMIs towards the amount payable in respect of the Electricity Service Connection No.189 pursuant to the Assessment Order dated 30.06.2003 bearing Lr.NO.EE/O&M/MMn/AE -P1/F.DKI/D of the 3rd respondent.

WMP.No.5423 of 2020, has filed by the petitioner, praying this Court to direct the respondent to receive the Demand Draft No.91362, dated 10.02.2020 for a sum of Rs.3,00,000/- drawn on State Bank of India, Uthandi Branch, Chennai, in favour of the 3rd respondent and adjust the amount to the credit of the Electricity Service Connection No.189 pursuant to the Assessment Order dated 30.06.2003 bearing Lr.No.EE/O&M/MMn/AE-P1/F.DKI/D of the 3rd respondent.

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2.The learned counsel for the petitioner would submit that though the order was passed on 07.08.2018, however the order copy was dispatched only on 18.12.2019, thereby, he was not able to pay the amount. He would further submit that the petitioner has arranged for payment of about 1/4th of the balance amount of Rs.11,72,614/- payable towards the assessment order and has taken a Demand Draft No.91362, dated 10.02.2020 drawn on State Bank of India, Uthandi Branch, Chennai, in favour of the 3rd respondent for a sum of Rs.3,00,000/-. However, the 3rd respondent has refused to receive the same without specific direction from this Court. Hence he prays this Court to issue a direction to the 3rd respondent to receive the above demand draft, which was drawn in the name of 3rd respondent, for a sum of Rs.3,00,000/- and to permit the petitioner to pay the balance amount of Rs.8,72,614 in six equal installments.

3. The learned counsel appearing for the 3rd respondent has received the Demand Draft No.91362, dated 10.02.2020 for a sum of Rs.3,00,000/-, drawn on State Bank of India, Uthandi Branch, Chennai, today and prays this Court to direct the petitioner to pay the balance amounts within a time stipulated by this Court. 4.Taking into consideration the submissions made by the learned counsel appearing on either side, this Court directs the 2/4

petitioner to pay the balance amount as under; (i) A sum of Rs.5,00,000/-(Rupees Five Lakhs only) on or before 26.03.2020; and (ii) remaining amount shall be deposited on or before 26.04.2020.

The petitioner shall comply with this order, without any default.

5. These miscellaneous petitions are ordered accordingly. 26.02.2020 jrs Note to office: Issue order copy on 27.02.2020. 3/4

M.DHANDAPANI, J jrs WMP.Nos.5423 & 5425 of 2020 in 26.02.2020 4/4