Unique Multi Films Virudhunagar (P) Ltd., v. The Chairman Cum Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.18437 of 2021 Unique Multi Films Virudhunagar (P) Ltd., Rep. by its Managing Director, Mr.T.Muralidharan Having office at 7/152/2, Perali Road, Virudhunagar-626 001

...Petitioner

-Vs1.The Chairman Cum Managing Director, Tamilnadu Electricity Board, N.P.K.RR.Maligai Electricity Avenue new No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer, Distribution, TANGEDCO, TNEB, Tirunelveli-627011 3.The Superintending Engineer, TANGEDCO, TNEB, Virudhunagar.

4.The Chief Financial Controller, TANGEDCO, 144, Anna Salai, Chennai-600002.

(R4 suo motu impleaded vide order dated 08.08.2023 made in W.P.No.18437 of 2021 by NSSJ)

...Respondents

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 12.03.2021 and to settle their dues within a time fixed by this Court.

For Petitioner : Mr.M.Naraayanaswamy For Respondents : Mr.S.Madhusudanan Standing Counsel for R1 to R4

ORDER

The petitioner herein is a generator of energy, and it had entered into a PPA with TANGEDCO and has provided the energy. The TANGEDCO is alleged to have happily purchased the energy but forgot to make prompt payments.

2.The learned counsel for the petitioner submitted that in terms of the PPA, TANGEDCO is liable to pay interest at 9% on the amount due and further alleges that from 2013 - 2014 till 2023 - 2024, the respondent, TANGEDCO is liable to pay a sum of Rs.75,61,904/-, of which the cost of the energy will constitute Rs.43,59,954/- and the rest is the interest component. The details are provided in the tabulation below: 2/4

Year Unit Interest Amount 2013 - 2014 till 2023 - 2024 724014 x 2.75 = Rs.19,91,039.00/- Rs.18,51,671.00/- 2016 - 2017 till 2023 - 2024 861424 x 2.75 = Rs.23,68,915.00/- Rs.13,50,279.00/- Total Amount Rs.75,61,904.00/- 3.This Writ Petition was filed in 2021, but the statement now provided is an updated statement as on date. The respondents have not chosen to file any counter.

4.This Court heard the learned counsel for the petitioner and the learned counsel for the respondents and makes the following order: ●The respondent is now directed to adjust the amount due from the petitioner towards payment of his current consumption charges vis-a-vis his two HT connection Nos.239 and 255 till the entire sum herein demanded is wiped out.

●If, however, the respondent, TANGEDCO has any doubt or objection to the amount now stated in the tabulation above, then it is required to approach this Court for clarification. N.SESHASAYEE, J., 3/4

Anu 5.This Writ Petition stands allowed in the manner indicated above. No Costs.

24.08.2023 Index : Yes/No Internet : Yes/No Anu To 1.The Chairman Cum Managing Director, Tamilnadu Electricity Board, N.P.K.RR.Maligai Electricity Avenue new No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer, Distribution, TANGEDCO, TNEB, Tirunelveli-627011 3.The Superintending Engineer, TANGEDCO, TNEB, Virudhunagar.

4.The Chief Financial Controller, TANGEDCO, 144, Anna Salai, Chennai-600002.

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