M/S.Skl Exports v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and W.M.P. No. 10639 of 2021 M/s. SKL Exports Represented by its Partner K.Mohanraj S.F. No. 396/2E, Mahavishnu Nagar Angeripalayam, Tirupur - 641 603.
... Petitioner Vs.
1. The Chairman TANGEDCO 144, Anna Salai Chennai - 600 002.
2. The Chief Engineer, NCES TANGEDCO Second Floor 144, Anna Salai Chennai - 600 002.
3. The Superintending Engineer TANGEDCO, Thenil EDC Theni.
... Respondents 1/6
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents for termination of the PPA dated 27.03.2017 and to execute energy wheeling agreement for captive consumption.
For Petitioner :
Mr. T.Chezhiyan For Respondents :
Mr. N.Damodharan, Standing Counsel
O R D E R
Seeking a direction to the Respondents for termination of the Energy Purchase Agreement (EPA) dated 27.03.2017 and to execute the Energy Wheeling Agreement (EWA) for captive consumption, the present writ petition came to be filed by the petitioner.
2.It is the case of the petitioner that they are having a Windmill with a capacity of 850 KVA, bearing WF HT SC No.T-137 and they entered into Energy Purchase Agreement dated 27.03.2017 with the third respondent for supply of energy. As per Clause 6(2) of the said Agreement, the payment to WEG in respect of energy supplied shall be within 30 days from the receipt of the Bill, failing which, the said payment is liable to be paid with interest at 1% per month. Earlier to December 2019, the respondent TANGEDCO instructed the petitioner to waive 2% of the payment due, which was 2/6
accepted considering the extreme necessity and accordingly, they paid the outstanding till December 2019. Thereafter, they failed to make payment, despite raising invoices by the petitioner every month. The total outstanding due for the wind electric generator till February 2021, is Rs.29,39,435/-. Therefore, invoking clause 8(b) of the Energy Purchase Agreement (EPA), the petitioner sent a notice dated 16.12.2020 to the third respondent seeking migration of EPA to EWA. Finding no response on the same, they have come up with this writ petition for the aforesaid relief. 3.The learned counsel for the petitioner submitted that the issue involved herein has already been considered and decided by this Court vide order dated 30.08.2019 in W.P. No. 5196 of 2019 etc. batch, the operative portion of which is usefully extracted hereunder: "29.
(b)the respondents/ TANGEDCO are directed to settle the respective dues to the Petitioners as per their respective invoices raised by them, along with interest as per Clause 6(b), within a period of two months from the date of receipt of a copy of this order.
(c)Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings dated 20.05.2017 of the first respondent deciding not to concede any request for migration is set aside. 30.In fine, with the above directions, the writ petitions stand allowed. No costs. Consequently, connected Miscellaneous Petitions are closed."
The learned counsel further submitted that as against the aforesaid order, the respondent TANGEDCO filed an appeal in WA.No.4189 of 2019 etc. batch, which were dismissed by a Division Bench of this Court on 18.02.2020; and the further appeal in SLP Nos.8513 - 8518 of 2020 before the Supreme Court also ended in dismissal, by order dated 24.09.2020. Hence, the learned counsel prayed for similar order in this writ petition as well. 4.The submissions so made by the learned counsel for the petitioner have been fairly conceded by the learned Standing Counsel taking notice for the respondents.
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5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and also following the earlier order of this Court (cited supra), this writ petition stands disposed of, in the same lines as done in W.P. No. 5196 of 2019, etc. batch. dated 30.08.2019. With regard to the consideration of the application for migration, the respondents shall pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. 22.04.2021 Index : Yes/No Internet : Yes/No Maya 5/6
R.MAHADEVAN, J.
Maya To
1. The Chairman TANGEDCO 144, Anna Salai Chennai - 600 002.
2. The Chief Engineer, NCES TANGEDCO Second Floor 144, Anna Salai Chennai - 600 002.
3. The Superintending Engineer TANGEDCO, Thenil EDC Theni.
Dated : 23.04.2021 6/6