M/S.Spencer Renewable Energy Pvt Ltd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28709, 28711 & 28713 of 2024 M/s.Spencer Renewable Energy Pvt. Ltd., S.F.No.3/160, Spencer Garden, S.Periyapalayam Post, Uthukuli Road, Tiruppur, Rep. By its Authorized Signatory R.Deva ... Petitioner in W.P.no.28709 of 2024 M/s.Thangamman Fashions Pvt. Ltd., No.17/1, Vadugan Thottam, Kasipalayam, Nallur, Tiruppur, Rep. By its Authorized Signatory R.Deva ... Petitioner in W.P.no.28711 of 2024 M/s.VICTUS Green Energy Pvt. Ltd., No.604, Sneham Gardens, KPN Colony, 3rd Street, Tiruppur, Rep. By its Authorized Signatory, Manikandan.
... Petitioner in W.P.No.28713 of 2024 Vs.
1. The Chairman and Managing Director, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.
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2 The Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai-2 .... Respondents 1 & 2 in all the writ petitions
3. The Director Generation, Tamil Nadu Generation and distribution Corporation Ltd., 144, Anna Salai, Chennai-2.
.... 3rd respondent in W.P.No.28713 of 2024 Prayer in W.P.no.28709 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus Directing the respondent, to refund Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC No.059514520038.
Prayer in W.P.no.28711 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus Directing the respondent, to refund Rs.40,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC No.059514520036.
Prayer in W.P.no.28713 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus Directing the respondent, to refund Rs.60,00,000/- payable to the petitioner along with interest 2/5
towards refundable security deposit in the account of the petitioners solar power plant HTSC No.079534620.
For Petitioner : Mr.R.S.Pandiyaraj in all the petitions For Respondents : Mr.D.R.Arunkumar in all the petitions COMMON ORDER These Writ Petitions have been filed to direct the respondents, to refund the security deposits with interest being the refundable security deposits made by the petitioners for the purpose of commissioning solar power plant.
2. It is not disputed that the petitioners have commissioned the solar power plant and it is working. The liability of the first respondent to pay is also not in dispute.
3. Considering the same, there will be a direction to the first respondent to refund the security deposits in respective writ petitions with appropriate interest as provided in the contract if there is no legal impediment within a period of eight weeks from the date of receipt of a copy of the order.
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4. With the above directions, all the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. No costs.
27.09.2024 rli To:
1. The Chairman and Managing Director, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.
2 The Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai-2.
3. The Director Generation, Tamil Nadu Generation and distribution Corporation Ltd., 144, Anna Salai, Chennai-2.
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M.DHANDAPANI, J.
rli W.P.No.28709, 28711 & 28713 of 2024 27.09.2024 5/5