Bmr Industries Ltd v. Tamilnadu Electricity Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Nineteenth day of March Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE N. ANAND VENKATESH WMP No.8512 of 2020 IN WP.NO.7134 of 2020 1 BMR INDUSTRIES LTD [ PETITIONER ] (FORMERLY KNOWN AS CLASSWIN INDUSTRIES LTD), HAVING ITS REGISTERED OFFICE AT FLAT NO. S.10, TNHB COMPLEX, 180, LUZ CHURCH ROAD, CHENNAI- 600 004.
Vs 1 TAMILNADU ELECTRICITY BOARD, [ RESPONDENTS ] REP BY ITS CHAIRMAN, 800, ANNA SALAI, CHENNAI- 600 002.
2 THE SUPERINTENDENTING ENGINE ER, CHENGALPATTU ELECTRICITY DISTRIBUTION CIRCLE, TAMILNADU ELECTRICITY BOARD, CHENGALPATTU.
3 THE EXECUTIVE ENGINEER O AND M, MARAIMALAI NAGAR, CHENGALPATTU.
4 THE ASSISTANT EXECUTIVE ENGI NEER, O AND M, TANGEDCO/CEDC, KELAMBAKKAM.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of stay staying the operation of the impugned order passed by the 4th respondent in his Letter No. AEE/ O and M/Kelambakkam/F.APTS.A.No. 310/2020 dated 18.02.2020 and all other proceedings based on that pending disposal (in WMP.NO.8512 of 2020) of the above writ petition in WP.No.7134 of 2020 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.SUBBA REDDY, Advocate for the petitioner and Mr.P.GUNARAJ,Learned Standing Counsel on behalf of the Respondents the court made the following order:-
Taking into consideration the facts and circumstances of the case, there shall be an order of interim stay staying the operation of the impugned order passed by the fourth respondent in his letter No. AEE/O&M/Kelamabkkam/F.APTS. A.No. 310/2020, dated 18.02.2020 and all other proceedings based on that, subject to the condition that the petitioner deposits 50% of the levy claimed in the impugned proceedings, on or before 02.04.2020. If the petitioner fails to comply with the condition, the stay granted by this Court will stand automatically vacated without any further reference to this Court. It is also made clear that this deposit shall be made without prejudice to the rights of the petitioner who is now in the process of filing review petition in W.P.No.25474 of 2003.
2.This Writ Miscellaneous Petition is disposed of accordingly. -sd/- 19/03/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 The CHAIRMAN, TAMILNADU ELECTRICITY BOARD, 800, ANNA SALAI, CHENNAI- 600 002.
2 THE SUPERINTENDENTING ENGINEER, CHENGALPATTU ELECTRICITY DISTRIBUTION CIRCLE, TAMILNADU ELECTRICITY BOARD, CHENGALPATTU.
3 THE EXECUTIVE ENGINEER O AND M, MARAIMALAI NAGAR, CHENGALPATTU.
4 THE ASSISTANT EXECUTIVE ENGINEER, O AND M, TANGEDCO/CEDC, KELAMBAKKAM.
C.C. to Mr.P.SUBBA REDDY Advocate SR.NO.3954 C.C. to Mr.P.GUNARAJ,Learned Standing Counsel SR.NO.4047 The Government Advocate, High Court, Madras - 104. Order in WMP.8512/2020 in WP.7134/2020 Date :19/03/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RS 26/05/2020