Madras High CourtWP/21672/2023disposed of

M/S.Tn.Oxygen Pvt Ltd v. The Chairman

2023-07-21Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE M/s.TN oxygen Pvt ltd No.118, 5th Cross Street, Collectorate Colony Aminjikarai, Chennai 600 029 repd. By its Authorised Signatory Dharshen. G ... Petitioner Vs.

1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002 2.Chief Engineer Non-Conventional Energy Sources Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002 3.The Superintending Engineer TANGEDCO Chennai West Electricity Distribution Circle CHENNAI ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of 1/4

India, for issuance of a writ of Mandamus, forbearing the respondent and their men, agents from collecting current consumption charges, demand charges ad any arrears from the petitioner's HTSC No.0190994061673 till the entire outstanding dues of Rs.15,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.463 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner : Mr.Hli Hassan Khan For Respondents : Mr.L.Jai Venkatesh Standing Counsel for TNEB

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.This petition is filed seeking refund of a security deposit of Rs.15 lakhs which the respondent is duty bound to repay. The deposit was made by establishing solar power plant and as per the norms once the solar power plant is commissioned, the respondent is obligated to refund the security deposit.

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3.Mr.L.Jai Venkatesh, the learned standing counsel takes notice for the Tamil Nadu Electricity Board.

4.This Court understands that the respondent is also raising current consumption charges against the petitioner and this court now directs that the respondent is required to adjust its current consumption charges against the refundable deposit, which it is obligated to do. This arrangement will commence from August 2023.

5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

21.07.2023 (1/6) kas Index : Yes / No Note: Issue order copy on 25.07.2023 3/4

N.SESHASAYEE, J.

kas To.