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Madras High CourtWP/8913/2025dismissed

Savita Oil Technologies Limited v. Tamil Nadu Green Energy Corporation Limited

2026-02-06Honourable Ms. Justice P.T. Asha9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.02.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 8913 of 2025 & W.M.P.No. 10011 of 2025 Savita Oil Technologies Limited, 66/67, Nariman Bhavan, Nariman Point, Mumbai 400 021 Rep. by its Authorised Signatory, M/s.PurvaSood.

...Petitioner

Vs.

1.Tamil Nadu Green Energy Corporation Limited, TNGECL, Rep. by its Chairman and Managing Director, No. 144, AnnaSalai, Chennai - 600 002 2.The Chief Financial Controller, (Revenue) TNGECL, 144, Anna Salai, Chennai - 600 002 1/9

3.The Superintending Engineer, Udumalpet Electricity Distribution Circle, TNGECL, Udumalpet.

4.Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 4th floor, SIDCO Corporate Office Building, Thiru-vi-ka Industrial Estate, Guindy, Chennai 600032

...Respondents

Prayer: writ petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondents to release a sum of Rs.9,57,974/- (Rupees Nine Lakhs Fifty Seven Thousand Nine Hundred and Seventy Four Only) for HTSC No.477, 478, 479 and 480 located at Udumalpet, being the sums due and payable till 2013, along with interest at 12% p.a. accruing until the date of payment, to ensure restitution of the petitioner. For petitioner :

Mr. Rahul Balaji For respondents :

Mr. D.R.Arun Kumar Standing Counsel 2/9

O R D E R

This writ petition is filed for the following relief: "To direct the respondents to release a sum of Rs.9,57,974/- (Rupees Nine Lakhs Fifty Seven Thousand Nine Hundred and Seventy Four Only) for HTSC No.477, 478, 479 and 480 located at Udumalpet, being the sums due and payable till 2013, along with interest at 12% p.a. accruing until the date of payment, to ensure restitution of the petitioner."

2. The petitioner is a manufacturer of petroleum specialties and lubricants having established a successful business over the past sixty years. It is the only Carbon - Positive Petroleum Specialty Company in Asia. The petitioner has a total installed wind power capacity of over 53.80 MW, generating about 90 million units of wind power annually. The petitioner company has installed wind power projects to the tune of 12.50 MW in the state of Tamil Nadu, at various sites in Anthiyur, Muthiampatti, Panapatti and Theni. The subject matter of this writ 3/9

petition pertains to the High Tension Service Connection, located at Udumalpet, bearing HTSC Nos. 477, 478, 479 and 480

3. The power generated by these units is being sold to TNGECL under respective agreements. The petitioner had been raising invoices from time to time in accordance with Contracts and Tariff Orders. However from 2009 - 2010, the payments that were received from TNGECL were being consistently delayed. Even when payments are made belatedly, they are being made without any interest for such delay.

4. The petitioner filed a petition before the TNERC seeking to direct the respondents to forthwith make payment of a sum of Rs.1,76,21,948/- (Rupees One Crore Seventy Six Lakhs Twenty One Thousand and Nine Hundred and Forty Eight only), being the interest due till 2012 - 2013 and payable to the petitioner against delayed payments made by TNGECL for power supplied from various HTSC located at Coimbatore, Udumalpet and Theni and further direct respondents for the future period to pay interest at 1% per month for 4/9

any delay in settlement of invoices beyond the period of 30 days from the date of invoice.

5. On 09.03.2021, the petition filed by the petitioner in D.R.P.No.9 of 2014 was closed on the basis of the respondent TNGECL therein filing a memo recording a payment of Rs.78,46,094/- (Rupees Seventy Eight Lakhs Forty Six Thousand and Ninety Four only) as being made to the petitioner. The petitioner would submit that a sum of Rs.9,57,974/- (Rupees Nine Lakhs Fifty Seven Thousand and Nine Hundred and Seventy Four) for HTSC Nos.477, 478, 479 and 480 located at Udumalpet, has remained unpaid. Therefore, the petitioner is before this Court.

6. Heard the learned counsels on the either side and perused the records.

7. The petitioner has filed DRP No.9 of 2014 before the Tamil Nadu Electricity Regulatory Commission for recovery of payment of Rs.1,76,21,948/-, for the delayed payment made by the TANGEDCO 5/9

for power supplied. It is seen that on 20.10.2020, the learned counsel for the petitioner had made a submission that the petitioner has agreed for settlement of dues at 6% interest.

8. The present case of the petitioner is that he has not received the entire sum of Rs.78,46,094/- and that a sum of Rs.9,57,974/-, is still due. While orders were being passed by the Tamil Nadu Regulatory Commissioner, the petitioner has not contended that a sum of Rs.9,57,974/-, has not been received by them. On the contrary, they have stated that a sum of Rs.78,46,094/-, has been received by them.

9. The order passed in DRP.No.9 of 2014 would read as follows: "As may be seen from the above, an amount of Rs.78,46,094/- has been paid by the respondent to the petitioner towards interest claim at 6% per annum".

10. A reading of the above order would show that a sum of Rs.78,46,094/- has been paid by the respondents towards interest claim at 6% p.a.

6/9

11. Therefore, in the light of the order passed in DRP No.9 of 2014, the relief claimed by the petitioner in this regard cannot be granted. Therefore, this writ petition is dismissed. However, it is open to the petitioner to approach the TNERC for necessary clarification / modification. The dismissal of this writ petition shall not be held against the petitioner, if they are otherwise entitled to. Consequently, the connected miscellaneous petition is closed. No costs. 06.02.2026 Index : Yes/No Internet : Yes/No kan 7/9

To 1.Chairman and Managing Director, Tamil Nadu Green Energy Corporation Limited, TNGECL, No. 144, AnnaSalai, Chennai - 600 002 2.The Chief Financial Controller, (Revenue) TNGECL, 144, Anna Salai, Chennai - 600 002 3.The Superintending Engineer, Udumalpet Electricity Distribution Circle, TNGECL, Udumalpet.

4.The Secretary, Tamil Nadu Electricity Regulatory Commission, 4th floor, SIDCO Corporate Office Building, Thiru-vi-ka Industrial Estate, Guindy, Chennai 600032 8/9

P.T. ASHA, J kan W.P.No. 8913 of 2025 06.02.2026 9/9