M/S. Sai Hridham Infraa Private Limited v. Tamil Nadu Generation And Distribution Corporation Limtied
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI M/s. Sai Hridham Infraa Private Limited, Rep. by its Authorised Signatory R.Shankar, Flat No.G4, Elite Empire, No.317, Valluvar Kottam High Road, Nungambakkam, Chennai-600 034.
...Petitioner in W.P.No.31885 of 2024
M/s. Mahendra Next Wealth IT India Private Limited, Rep. by its Authorised Signatory R.Shankar, No.16, Advaitha Ashram Road, Salem-636 004.
...Petitioner in W.P.No.31887 of 2024
Vs.
1.
Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO), Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai - 600 002.
2.
The Chief Engineer, Non-conventional Energy Sources, Tamil Nadu Green Energy Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3.
The Chief Financial Controller/Revenue, TANGEDCO, 7th Floor, East Wing, No.144, Anna Salai, Chennai - 600 002.
1/5
4.
The Superintending Engineer, TANGEDCO, Pudukkottai Electricity Distribution Circle, Pudukkottai District.
...Respondents in both W.P's.
Prayer in W.P.No.31885 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to refund the outstanding dues of Rs.1,00,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power plant in HTSC No.069534460065, based on the petitioner's representation dated 31.07.2024 submitted to the 2nd respondent within a time frame as may be fixed by this Hon'ble Court. Prayer in W.P.No.31887 of 2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to refund the outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power plant in HTSC No.069534460080, based on the petitioner's representation dated 08.08.2024 submitted to the 2nd respondent within a time frame as may be fixed by this Hon'ble Court. In both W.P's.:
For Petitioner : Mr.S.Senthil For Respondents : Mr.D.R.Arun Kumar 2/5
COMMON ORDER Since the issue involved in both the Writ petitions are similar in nature, they are disposed of by way of this common order.
2. Mr.D.R.Arun Kumar, learned counsel takes notice on behalf of the respondents. By consent, the writ petitions are taken up for final disposal at the admission stage itself.
3. It is not disputed that the petitioners have commissioned the solar power plant and it is working. The liability of the 1st respondent to pay is also not in dispute.
4. Considering the same, there shall be a direction to the 1st 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.
3/5
5. With the above directions, these Writ petitions are disposed of. No costs.
25.10.2024 skt Index : Yes/ No Speaking Order : Yes/ No NCC : Yes/ No To 1.
Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO), Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai - 600 002.
2.
The Chief Engineer, Non-conventional Energy Sources, Tamil Nadu Green Energy Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3.
The Chief Financial Controller/Revenue, TANGEDCO, 7th Floor, East Wing, No.144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, TANGEDCO, Pudukkottai Electricity Distribution Circle, Pudukkottai District.
4/5
M.DHANDAPANI, J.
skt 25.10.2024 5/5