Tamil Nadu Generation And v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.18439 of 2020 Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), rep. by its Chief Engineer/ Private Power Projects R.Krishnamoorthy Having Registered Office at NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

.. Petitioner vs.

1. Union of India, Department of Law & Justice, rep. by its Secretary, No.26, Mansingh Road, Jaisalmer House, New Delhi - 110 011.

2. Pioneer Power Limited, rep. by its Managing Director, New No.8, Casa Major Road, 2nd Cross Street, Jerret Garden, Egmore, Chennai - 600 008.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of declaration or any other appropriate Writ, order or direction declaring the provisions of the insolvency and bankruptcy code 2016 as arbitrary unconstitutional void and inapplicable in so far as the petitioner is concerned and also to disputes under the domain of State Commission as envisaged under Section 86 (1)(f) of the Electricity Act, 2003.

For Petitioner :

Mr.B.Arvind Srevatsa For Respondents :

Mr.K.S.Jeyaganeshan SPC for respondent No.1 :

Mr.Anirudh Krishnan for respondent No.2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has filed a memorandum claiming that the disputes with the second respondent arising out of the power purchase agreement dated August 25, 2004 have been amicably resolved.

2. Several legal issues have been raised in the petition. However, since the disputes between the petitioner and the second respondent have been resolved, the petitioner seeks to withdraw the petition with liberty to file afresh, if necessary, to canvass the legal issues.

3. W.P.No.18439 of 2020 is permitted to be withdrawn with liberty to file afresh qua the legal issues.

W.M.P.Nos.22865 of 2020 and 2895 of 2021 are closed. There will be no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi/bbr To:

1.

The Secretary, Union of India, Department of Law & Justice, No.26, Mansingh Road, Jaisalmer House, New Delhi - 110 011.

2.

The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Private Power Projects R.Krishnamoorthy NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

+1cc to Mr.B.Arvind Srevatsa, Advocate, S.R.No.28900 W.P.No.18439 of 2020 RLD(CO) CS/09/07/2021 https://hcservices.ecourts.gov.in/hcservices/