M/S.Morries Energy Ltd., v. Tamilnadu Generation And Distribution
1/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s.Morries Energy Ltd., (Formerly Known As M/s. Gujarat Gems P Ltd) WF HTSC No VL-319 (New No.79304723911) 425/A, Raut Industrial Estate, 1st Floor, Behind Johnson & Johnson Mogul Lane, Mahim (W) Mumbai - 400 016 Repd by its Director Mrs.Savita Jain Petitioner(s) Vs 1.Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO) 10th Floor, 144 Anna Salai, Chennai 600 002 Represented by its Chairman Cum Managing Director 2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144 Anna Salai Chennai 600 002
2/7 3.The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents to forthwith make payment of a sum of Rs.67,94,655/- being the sum due and payable towards interest at 12% on delayed payments made by TANGEDCO for power supplied. For Petitioner(s):
Mr.Jayesh B.Dolia Senior Counsel for Aiyar and Dolia For Respondent(s):
Mr.P.S.Raman Advocate General assisted by Mr.D.R.Arunkumar Standing Counsel
ORDER
This writ petition has been filed for issue of writ of mandamus directing the respondents to make payment of Rs.67,94,655/-, being the sum due and payable to the petitioner, along with interest at the rate of 12% on the delayed payments made by TANGEDCO for the power supplied by the petitioner.
3/7 2.Heard Mr.Jayesh B.Dolia, learned Senior Counsel appearing on behalf of the petitioner and Mr.P.S.Raman, learned Advocate General appearing on behalf of respondents.
3.The case of the petitioner is that they entered into a Wind Energy Purchase Agreement with the 3rd respondent for sale of wind energy generated from their Wind Energy Generator Plant. As per tariff orders and applicable terms of the agreement and the various orders passed by the Tribunal, the respondents are liable to pay interest at the rate of 12% per annum for the delayed payments made by them. The specific case of the petitioner is that the respondents are due and payable a sum of Rs.67,94,655/- for the power supplied by the petitioner. Since this payment has not been made and there is delay, they are also entitled for the interest at the rate of 12% per annum. It is under these circumstances, the present writ petition has been filed before this Court.
4/7 4.On carefully considering the submissions made on either side and the materials available on record, it is seen that there is no dispute on the fact that the petitioner has supplied power to respondents and the petitioner is relying upon various bills to substantiate the claim that they are entitled for a sum of Rs.67,94,655/- . Apart from that the petitioner is claiming for 12% interest per annum based on the tariff orders and the applicable terms of the agreement and the various orders passed by the Tribunal in this regard. 5.In view of the above, there shall be a direction to respondents to settle the entire amount due and payable to the petitioner along with interest at the rate of 12% per annum on the delayed payment, after verifying the bills submitted by the petitioner, within a period of six weeks from the date of receipt of copy of this order.
5/7 6.This writ petition is disposed of with the above directions. No Costs. 05-08-2025 (2/3) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
6/7 To 1.Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO) 10th Floor, 144 Anna Salai, Chennai 600 002 Represented by its Chairman Cum Managing Director 2.The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144 Anna Salai Chennai 600 002 3.The Superintending Engineer TANGEDCO, Coimbatore Electricity Distribution Circle, Coimbatore.
7/7 N.ANAND VENKATESH J.
ssr 05-08-2025 (2/3)