M/S.Remo Wind Energy Pvt Ltd v. Tamilnadu Power Distribution Corporation Ltd
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s.Remo Wind Energy Pvt Ltd No.8-A, Cenotaph Road, 1st Lane, Teynampet, Chennai 600 018.
Rep By Its Authorised Signatory, Bharat Goenka Petitioner(s) Vs
1. Tamilnadu Power Distribution Corporation Ltd (TNPDCL) Rep By Its Chairman 144, Anna Salai, Chennai- 600 002 2.The Chief Engineer /NCES Tamilnadu Green Energy Corporation Ltd, (TNGECL), 2nd Floor, 144, Anna Salai, Chennai-600002 3.The Director Generation Tamilnadu Power Distribution, Corporation Ltd(TNPDCL), 144, Anna Salai, Chennai-600 002 Respondent(s)
2/6 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to refund the Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plat HTSC No.79514720131.
For Petitioner(s):
Mr.R.S. Pandiyaraj For Respondent:
Mr.D.R.Arunkumar Standing Counsel
ORDER
This writ petition has been filed for the issue of writ of mandamus directing the respondents to refund the Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plat HTSC No.79514720131.
2. Heard Mr.R.S.Pandiyaraj, learned counsel appearing on behalf of the petitioner and Mr.D.R.Arun Kumar, learned Standing Counsel appearing on behalf of the respondents.
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3. The petitioner made an application to the respondents for establishment of 2 MW Solar Power Plant under preferential tariff scheme for captive consumption and the petitioner also paid a sum of Rs.20,00,000/- towards refundable security deposit. The petitioner has satisfactorily commissioned the Solar Power Plant on 13.01.2025 and it has also been certified by the respondents vide letter dated 22.01.2025. After commissioning the Solar Power Plant, the petitioner was claiming for refund of the refundable security deposit of Rs.20,00,000/-. Since there was no response, the present writ petition has been filed before this Court. 4.The learned Standing Counsel appearing on behalf of the respondent Corporation submitted that the petitioner has to submit the original payment bills and Commissioning Certificate in order to enable the respondents to act upon the request made by the petitioner.
5.The learned counsel for the petitioner submitted that the original documents will be submitted before the respondents.
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6. In the considered view of this Court, the petitioner after having satisfactorily commissioned the Solar Power Plant which was also certified by the respondents, should be refunded the security deposit and the same has not been done for the last six months. Hence, there shall be a direction to the 2nd respondent to refund the security deposit to the petitioner, within a period of six weeks from the date of receipt of copy of this order. It is made clear that if the amount is not refunded within a period of six weeks, the same shall be liable to be refunded with interest at the rate of 6% per annum from the date it became payable till the date of actual payment.
This writ petition is disposed of with the above directions. No costs. 30-07-2025 (4/4) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
5/6 To 1.The Chairman Tamilnadu Power Distribution Corporation Ltd (TNPDCL) 144, Anna Salai, Chennai- 600 002 2.The Chief Engineer /NCES Tamilnadu Green Energy Corporation Ltd, (TNGECL), 2nd Floor, 144, Anna Salai, Chennai-600002 3.The Director Generation Tamilnadu Power Distribution, Corporation Ltd(TNPDCL), 144, Anna Salai, Chennai-600 002
6/6 N.ANAND VENKATESH J.
ssr 30-07-2025 (4/4)