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Madras High CourtWP/32945/2017disposed of

M/S.Pvs Textiles Pvt.,Ltd., v. The Chairman And Managing

2017-12-18Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.32945 of 2017 and WMP.No.36328 of 2017 M/s.PVS Textiles Privated Limited Represented by its Authorised Signatory M.Murugasamy .. Petitioner versus 1.

The Chairman and Managing Director TANGEDCO,144, Anna Salai Chennai-600 002.

2.

The Superintending Engineer Tiruppur Electricity Distribution Circle TANGEDCO, Tiruppur - 641 603.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 09.12.2017 in H.T.S.C.No.16, M/s.PVS Textiles Private Limited, in accordance with law.

For Petitioner : Mr.K.Duraivarman For Respondents : Mr.S.K.Rameshuwar standing counsel

O R D E R

Mr.S.K.Rameshwar, learned standing counsel takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the second respondent to consider the representation of the petitioner dated 09.12.2017, wherein and whereby they disputed the claim of Rs.15,83,463/- made in the Bill No.16 dated 28.11.2017, by contending that the said amount representing the head "other adjustment" is bereft of any details.

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3. Heard both sides.

4. Perusal of the Bill No.16 dated 28.11.2017, indicates that in S.No.21 of the said Bill, a sum of Rs.15,83,463/- is demanded along with other amount, under the head "Other adjustment". It is true that except stating so, the respondents have not given further details as to how such amount of Rs.15,83,463/- is arrived at and sought for towards "other adjustment" and what are those adjustments. Therefore, it is for the respondents to clarify the said amount, by considering the representation of the petitioner dated 09.12.2017. However, insofar as the remaining quantum of demand is concerned, the petitioner cannot seek any indulgence before this Court, as their only dispute is with regard to the said sum of Rs.15,83,463/-.

5. Accordingly, this writ petition is disposed of, by directing the second respondent to consider the representation of the petitioner dated 09.12.2017 and pass orders on the same, on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Till such time, the demand towards the head "other adjustment" viz., Rs.15,83,463/- alone shall be deferred. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar mk To 1.

The Chairman and Managing Director TANGEDCO,144, Anna Salai Chennai-600 002.

2.

The Superintending Engineer Tiruppur Electricity Distribution Circle TANGEDCO, Tiruppur - 641 603.

+1cc to Mr.K.Duraivarman, Advocate SR.No.90240 +1cc to Mr.S.K.Rameshuwar, Advocate SR.No.90685 W.P.No.32945 of 2017 GN(05/01/2018) https://hcservices.ecourts.gov.in/hcservices/