Tcp Limited, v. Rajesh Lakhoni,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-02-2025
CORAM
THE HONOURABLE MR JUSTICE S.M. SUBRAMANIAM SUB APPL No. 1034 of 2024 IN CONT P NO. 13 OF 2024
1. TCP Limited, Rep. by its Authorised Signatory, No.4, (Old No.10), Karpagambal Nagar, Mylapore, Chennai 600 004.
Applicant(s) Vs
1. Rajesh Lakhoni, The Chairman and Managing Director, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 144, Anna Salai, Chennai 600 002.
Respondent(s) PRAYER To reopen the Contempt Petition No. 13 of 2024 which was closed vide order dated 29.01.2024.
For Applicant(s):
Mr.Pranav for Mr.Rahul Balaji For Respondent(s):
Mr.D.R.Arunkumar, Standing Counsel
ORDER
The contempt proceedings came to be instituted to punish the respondent for their wilful disobedience of the order of this Court dated 22.02.2022 in W.P.No.27680 of 2015, wherein this Court passed the following order:- "4. Considering the submissions made by the learned counsel for the petitioner by way of affidavit, this Court is of the considered opinion that the payment due, which is payable to the petitioner shall be paid by the respondent within a specified time limit. But, however, considering the financial constraints underwent by the respondent and said due viz., Rs.29,28,92,378/- payable by the respondent, this Court is inclined to direct the respondent to pay the said due amount within a period of twelve months by twelve equal monthly installments and the fist month installment should be commenced from 01.04.2022.
5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed."
2. Accordingly, the respondent was directed to pay a sum of Rs.29,28,92,378/-. The affidavit filed on behalf of the respondent-Tamil Nadu Power Distribution Corporation Limited (TNPDCL) reveals that the detailed workings of the final settlement amount Rs.28,23,38,131/- made by the respondent TNPDCL are as under:- STATEMENT SHOWING THE ABSTRACT FOR INTEREST PAID BY TANGEDCO TO M/S TCP LIMITED Year Claim as per Co.
Admission as per TANGEDCO Difference 2010-11 11,174,681 11,174,681 2011-12 119,817,610 120,047,214 -229,604
STATEMENT SHOWING THE ABSTRACT FOR INTEREST PAID BY TANGEDCO TO M/S TCP LIMITED 2012-13 112,500,067 109,946,174 2,553,893 2013-14 49,400,021 41,170,062 8,229,959 Total 292,892,379 282,338,131 10,554,248 The Payment details is submitted for perusal. Sl.
No.
Allocation Gross Amount Net Amount TDS amount Cheque No.Dt.
Dt.10.10.2023 100,000,000 99,900,000 100,000 441142/20.10.2023 st Installment 32,148,730 32,116,581 32,149 441234/18.11.2023 nd Installment 32,148,730 32,116,581 32,149 591907/14.12.2023 rd Installment 32,148,730 32,116,581 32,149 591810/20.01.2024 th Installment 32,148,730 32,116,581 32,149 591884/13.02.2024 th Installment 32,148,730 32,116,581 32,149 970945/14.03.2024 th Installment 21,594,481 21,572,887 21,594 785423/10.04.2024 Total 282,338,131 282,055,792 282,339
3. The respondent had calculated the final settlement to be paid to the contempt petitioner and accordingly the petitioner acknowledged the said amount of Rs.28,23,38,131/-. If at all there is any calculation error or otherwise, it is for the petitioner to submit a representation, which is to be verified by the respondent. The scope of contempt cannot be expanded for the purpose of execution of the writ order. In the event of any wilful disobedience on the part of the respondent, then alone the contempt proceedings are to be pursued. Since there is no wilful disobedience of the order of this Court, in the present case, and as per the working sheet of the respondent, a sum of Rs.28,23,38,131/- has already been
paid, no further consideration is required. Accordingly, the sub application stands closed. 28-02-2025 Index:Yes Speaking/Non-speaking order Internet:Yes ss To
1. The Chairman and Managing Director, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 144, Anna Salai, Chennai 600 002.
S.M.SUBRAMANIAM J.
SUB APPL No. 1034 of 2024 IN CONT P NO. 13 OF 2024 28-02-2025