Real Link Engineering India Private Limited v. Er. P.Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Sub.A.No.396 of 2020 Real Link Engineering India Private Limited No.4 Park Street, Kattoor, Coimbatore - 641 009 rep. by its Managing Director L.Navaneethakrishnan

...Petitioner in Cont.Petition /

Petitioner in Sub-Application Vs.

Er. P.Subramani Superintending Engineer Tamil Nadu Generation and Distribution Corporation Limited Palladam Electricity Distribution Circle Palladam.

...Respondent in Cont.Petition/

Respondent in Sub Application This Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondent for contempt of court as he willfully violated the order of this Hon'ble court dated 12.10.2020 made in W.P.No.14588 of 2020.

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For Petitioner :

Mr.Saitanya Kesan For Respondent :

Mr.N.Damodaran standing counsel

ORDER

This Contempt Petition has been filed praying to punish the respondent for contempt of court as he willfully violated the order of this court dated 12.10.2020 made in W.P.No.14588 of 2020. 2.

Pursuant to the orders passed by this Court on 30.11.2020, it is brought to the notice of this Court by the learned counsel for the petitioner that the petitioner has paid the sum of Rs.10,00,000/- and the electricity connection was also restored.

3.

The learned standing counsel appearing on behalf of the respondent submitted that the total amount due and payable by the petitioner worked out to Rs.20,44,115/- and out of the same, the petitioner has only paid a sum of Rs.10,00,000/-.

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4.

The learned counsel for the petitioner submitted that the petitioner is facing serious financial problems and the petitioner is not in a position to pay the entire amount in one go. The learned counsel for the petitioner also submitted that there is some dispute with regard to the manner in which, the amount has been calculated by the respondent. 5.

This Court has carefully considered the submissions made on either side. While dealing with the Contempt Petition, this Court cannot go into the correctness or otherwise of the proceedings of the respondent determining the amount payable by the petitioner. At the best, this Court can only consider as to whether the petitioner can be given the liberty to pay the amounts due in instalments.

6.

Taking into consideration the facts and circumstances of the case, this Contempt Petition is disposed of with the following directions:- (a) The petitioner is directed to pay a sum of Rs.5,00,000/- on or before 25.01.2021 to the respondent.

(b) The petitioner shall pay the balance amount of Rs.5,44,115/- on or before 01.03.2021.

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(c) These payments shall be made apart from the payment for the bills raised by the respondent for the current consumption. and (d) If the petitioner fails to comply with any of the directions issued by this Court, it is left open to the respondent to take action against the petitioner in accordance with law.

Consequently, connected Sub Application is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) mra //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

IM/15/02/2021 To The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Limited Palladam Electricity Distribution Circle Palladam.

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