Sei Adhavan Power Private Limited v. Mrs.K.Malarvizhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024 CORAM :

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN SEI Adhavan Power Private Limited, Having it's registered office at Flat No.6J, Century Plaza, 560-562, Anna Salai, Teynampet, Chennai-600 018.

Represented by its Authorised Signatory PVN Suryanarayana Rao ... Petitioner Vs.

1. Mrs.K.Malarvizhi, Director Finance (Ex officio) The Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO) No.144, Anna Salai, Chennai-600 002.

2. Mr.Vinodhan The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 144 Anna Salai, Chennai-600 002.

3. ER CV Latha The Superintending Engineer (Ex officio) The Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO) Virudhunagar Electricity Distribution Circle, Virudhunagar, Tamil Nadu.

... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for disobeying the judgment of this Hon'ble Court dated 22.12.2023 in WA.No.1551 of 2022. For Petitioner : Mr.Aditya Narayanan for Ms.B.Devadharshini ******

O R D E R

(Order of the Court was made by Hon'ble Mr.Justice S.M.SUBRAMANIAM) The learned counsel for the contempt petitioner furnished the copy of the order passed by the Hon'ble Supreme Court of India made in SLP (Civil) Diary No.15069 of 2024 dated 09.07.2024. The Apex Court passed the following orders:- "1. Delay condoned.

2. In the facts and circumstances of this case and having

considered the judgments of the High Court on merits, we do not find any reason to interfere in these proceedings. However, we leave open the question as to whether the High Court should in such cases exercise its writ jurisdiction under Article 226 of the Constitution in the presence of an alternate remedy under the Electricity Act.

3. Keeping open the point to be urged before the High Court in an appropriate case, we dispose of the Special Leave Petitions.

4. Time for making the payment in compliance of the impugned order shall stand extended until 31.08.2024.

5. Pending applications, if any, stand disposed of."

2. The Apex Court has not admitted the appeal filed by TANGEDCO. However, time for making payment in compliance of the impugned order was extended until 31.08.2024.

3. In view of the said order of the Apex Court, no further adjudication needs to be undertaken. Consequently, the Contempt Petition stands closed. No costs.

[S.M.S., J.] [C.K., J.] 01.08.2024 kmi Index : Yes/No Speaking order : Yes/No NCC : Yes/No

S.M. SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

kmi 01.08.2024