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Madras High CourtWP/35547/2016withdrawn dismissed

Ind-Barath Thermal Power Ltd v. Tamil Nadu Electricity

2019-09-25Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.35547 & 35548 of 2016 Ind-Barath Thermal Power Ltd., New No.20/Old No.129, Chamiers Road Nandanam, Chennai 600 035 Tamil Nadu rep.by its President (Commercial & Admn)/Authorised Signatory .. Petitioner in WP 35547 of 2016 Ind-Barath Powergencom Limited New No.20/Old No.129, Chamiers Road Nandanam, Chennai 600 035 Tamil Nadu rep.by its President (Commercial & Admn)/Authorised Signatory .. Petitioner in WP 35548 of 2016 -vs1. Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO) rep by its Chairman and Managing Director

2. The Chief Engineer / PPP Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO)

3. The Superintending Engineer Tuticorin Electricity Distribution Circle Tuticorin

4. The State Load Dispatch Centre C/o TANTRANSCO rep by its Director .. Respondents in both petitions W.P.No.35547 of 2016 is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent comprised in the second respondent's Lr.SE/PP/E1/Tender No.6 of 2014/D.256/2015 dated 13.02.2015 and the consequential Lr.No.CE/PPP/SE/PP/E1/Tender No.6 of 2014/D:303/2015 dated 24.04.2015 and quash the same and consequently forbear the respondents from deducting any amount from the duly certified purchase bills submitted by the petitioner under Tender No.6 of 2014 dated 19.08.2014.

W.P.No.35548 of 2016 is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent comprised in Lr.SE/PP/E1/Tender No.6 of 2014/D.256/2015 dated 13.02.2015 and the consequential Lr.No.CE/PPP/SE/PP/E1/Tender No.6 of 2014/D:303/2015 dated 24.04.2015 and the consequent proceedings of the third respondent in (i) Memo No.SE/TEDC/TIN/AO/REV/AS/F.Ind-Barath/D.635-1/2016 dated 2.9.2016, (ii) Memo No.SE/TEDC/TIN/AO/REV/AS/F.Ind-Barath/D.6411/2016 dated 2.9.2016 and (iii) Memo No.SE/TEDC/TIN/AO/REV/AS/F.Ind-Barath/D.738-1/2016 dated 2.9.2016, quash the same and consequently forbear the respondents from deducting any amount from the duly certified purchase bills submitted by the petitioner under Tender No.6 of 2014 dated 19.08.2014.

For Petitioners ::

Mr.S.Kaushik Ramaswamy For Respondents ::

Mr.Abdul Saleem Standing Counsel

ORDER

The writ petitions have been listed under the caption "for withdrawal" based on the letters dated 17.9.2019 given by the learned counsel for the petitioners before the Registry. The learned counsel for the petitioners submitted that the matters have been settled in view of the Minutes of the 6th Meeting held in PWD Conference Hall, Energy Department, Fort St. George,

Chennai on 24.05.2018, which has already become part of the order dated 29.5.2018 passed by the National Company Law Appellate Tribunal, New Delhi in Company Appeal (AT) (Insolvency) Nos.231 & 232 of 2017. Referring to clause 9 of the Minutes, learned counsel appearing for the petitioners sought permission to withdraw the writ petitions. Accordingly, the writ petitions are dismissed as withdrawn. Consequently, W.M.P.Nos.30562 to 30569 of 2016 are also dismissed. No costs. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar ss To

1. The Chairman and Managing Director Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO)

2. The Chief Engineer / PPP Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO)

3. The Superintending Engineer Tuticorin Electricity Distribution Circle Tuticorin

4. The Director State Load Dispatch Centre C/o TANTRANSCO +2 Ccs to Mr. Anirudh Krishnan, Advocate sr 82429 & 82430 W.P.Nos.35547 & 35548 of 2016 SAI(CO) SP(23/10/2019)