Tamilnadu Generation And Distribution Corporation Limited v. Sree Rengaraj Ispat Industries P Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE BHARATHA CHAKRAVARTHY W.A.No.354 of 2024:
NPKRR Maaligai, 2.The Chief Finance Controller/Revenue, TANGEDCO (Accounts Branch), 3.The Superintending Engineer, CEDC/North, TANGEDCO, 4.The Superintending Engineer, Erode Electricity Distribution Circle, TANGEDCO,
5.State Load Despatch Centre, C/o.TANTRANSCO, .. Appellants Vs Sree Rengaraj Ispat Industries P. Ltd., Plot No.MM 1, 2 and 5, SIPCOT Industrial Growth Centre, Perundurai-638 052, rep. by its Director S.Shyam Sundar.
.. Respondent W.A.No.351 of 2024:
NPKRR Maaligai, 144, Anna Salai, 2.The Superintending Engineer, CEDC/North, TANGEDCO, 3.Tamil Nadu Transmission Corporation Ltd., TANTRANSCO, rep. by its Managing Director, 144, Anna Salai, Chennai-600 002.
4.The Superintending Engineer, Commercial Operation, TANTRANSCO, 144, Anna Salai, Chennai-600 002.
.. Appellants Vs
Birla Carbon India Private Limited formerly known as SKI Carbon Black (India) Pvt. Ltd., K-16, Phase II, SIPCOT Industrial Complex, P.O. Gummidipoondi, Thiruvallur District, Tamil Nadu 601 201.
.. Respondent W.A.No.355 of 2024:
NPKRR Maaligai, 144, Anna Salai, 2.The Chief Finance Controller/Revenue, TANGEDCO (Accounts Branch), 144, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, CEDC/North, Chennai-600 002.
4.Tamil Nadu Transmission Company (TANTRANSCO), 144, Anna Salai, Chennai-600 002.
5.State Load Despatch Centre, C/o.TANTRANSCO, .. Appellants Vs ARS Energy Private Limited, rep. by its Deputy Director - Finanace D-109, 4th Floor, LBR Complex, Anna Nagar East, Chennai - 102.
.. Respondent
W.A.No.357 of 2024:
NPKRR Maaligai, 2.The Chief Finance Controller/Revenue, TANGEDCO (Accounts Branch), 144, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, CEDC/North, TANGEDCO, 4.Tamil Nadu Transmission Corporation Ltd., TANTRANSCO, rep. by it Managing Director, 144, Anna Salai, Chennai-600 002.
5.State Load Despatch Centre, C/o.TANTRANSCO, .. Appellants Vs OPG Power Generation Private Limited, OPG Nagar, Periya Obalapuram Village, Nagaraja Kandigai, Madharapakkam Road, Gummidipoondi Thiruvallur, Tamil Nadu - 601 201.
.. Respondent
Prayer : Appeals under Clause 15 of the Letters Patent against the orders dated 21.12.2021 made in W.P.Nos.23486, 21050 and 19753 of 2021 and dated 1.2.2022 made in W.P.No.1199 of 2022 by the learned Single Judge.
For the Appellants : Mr.D.R.Arun Kumar For the Respondent in W.A.No.354/2024 : Mr.R.S.Pandiyaraj For the Respondents in W.A.Nos.351, 355 and 357 of 2024 : Mr.Rahul Balaji COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) We have heard Mr.D.R.Arun Kumar, learned counsel for the appellants; Mr.R.S.Pandiyaraj, learned counsel for the respondent in W.A.No.354 of 2024; and, Mr.Rahul Balaji, learned counsel for the respondents in W.A.Nos.351, 355 and 357 of 2024.
2. Learned counsel for the appellants submits that the impugned orders are passed on the premise that the present appellants have not filed appeals against the orders passed by the
Tamil Nadu Electricity Regulatory Commission, wherein the present respondents/original writ petitioners are required to be refunded the amount. Now, the appeals have been filed. The delay is condoned. The appeals are being numbered.
3. Learned counsel for the respondents/original writ petitioners submit that in the appeals filed by the present appellants before the Appellate Tribunal for Electricity, the appellants did not press for interim orders.
It is also submitted that in respect of some of the users, the amount is refunded by the appellants.
4. As no appeal was filed for over 11⁄2 year, the learned Single Judge directed the appellants to implement the order passed by the Tamil Nadu Electricity Regulatory Commission.
5. In the light of the above, we are not inclined to entertain the present appeals. We would only observe that the amount refunded would be subject to the decision of the Appellate Tribunal for Electricity in the appeals filed by the appellants.
The writ appeals are disposed of accordingly. There shall be no order as to costs. Consequently, C.M.P.Nos.2220, 2267, 2274 and 2261 of 2024 are closed.
(S.V.G., CJ.) (D.B.C., J.) 05.02.2024 Index :
Yes/No Yes/No sasi
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 05.02.2024