Ars Steels And Alloy International P Limited, v. Tamil Nadu Generation And Distribution Corporation Limited,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI ARS Steels and Alloy International P Limited Represented by its Deputy Director - Finance, Mr.N.Prabhu Natraj ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Limited Rep. by its Chairman, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, CEDC/North, Anna Salai, Chennai - 600 002.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd Respondent to permit the Petitioner to pay the Additional Security Deposit of Rs.01,13,49,300.00/- alone, over and above the existing deposit of Rs.12,18,02,370.00/-, as demanded in the second respondent in the letter dated 18.05.2023 bearing Lr.No.SE/CHENNAI (NORTH) 019094041902/D.NO/23 in six (6) equal monthly installments along with the regular current consumption charges. 1/4

For Petitioner : Mr.Rahul Balaji For Respondents : Mr.L.Jai Venkatesh for TANGEDCO

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to permit the petitioner to pay the Additional Security Deposit of Rs.01,13,49,300.00/- alone, over and above the existing deposit of Rs.12,18,02,370.00/-, as demanded in the second respondent in the letter dated 18.05.2023 bearing Lr.No.SE/CHENNAI (NORTH) 019094041902/D.NO/23 in six (6) equal monthly installments along with the regular current consumption charges.

2.The learned counsel for the petitioner has brought to the notice of the Court that an earlier order passed by this Court in W.P.No.11500 of 2017, in which, the learned Single Judge has followed the decision of the Division Bench of this Court in Tamil Nadu Electricity Board Vs. Mani Spinning Mills (P) Limited reported in [CDJ 2012 MHC 4380] - (W.A.(MD) Nos.407 to 412 of 2012 dated 02.08.2012). Since the issue involved in this case is identical to the one involved in the aforesaid cases, this Court is inclined to grant similar relief to the petitioner herein. 2/4

3. Accordingly, the writ petition is allowed and the petitioner is directed to pay the Additional Security Deposit to the second respondent in six equal monthly installments along with the regular current consumption charges, commencing from 1st July, 2023 and shall pay the installment on or before 10th of every succeeding English Calendar month, failing which, it is open to the respondents to initiate appropriate action against the petitioners in accordance with law. No costs.

14.06.2023 pri Note: Issue order copy on 14.06.2023 Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.Tamil Nadu Generation and Distribution Corporation Limited Rep. by its Chairman, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, CEDC/North, Anna Salai, Chennai - 600 002.

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M.DHANDAPANI,J.

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