Ind-Barath Power Gencom Ltd, v. Tamil Nadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T. RAJA W.P. No.18675 of 2017 and W.M.P. Nos.20212 & 20213 of 2017 Ind-Barath Power Gencom Ltd., Tamil Nadu rep. by its President (Commercial & Admin)/ Authorised Signatory ... Petitioner -vs1.Tamil Nadu Generation and Distribution Corporation (TANGEDCO), rep. by its Chairman and Managing Director, 2.The Director (Finance), TANGEDCO, No.144, Anna Salai, 3.The Director (Distribution), Chief Engineer/PPP, TANGEDCO, 4.The Superintending Engineer, Tuticorin Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO) 131, 132 Ettayapuram Road, Tuticorin-Pin 628 001.

5.Dr.M.Sai Kumar ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records pertaining to letter No.

SE/TuticorinEDC/HT/Asst3/F.HTSC.No.257/D257/2017/dated11.07.2017 on the file of the fourth respondent confirmed by his Lr.No.257/SE/TEDC/TTN/DFC/AO/REV/AAO/HT/ RCS/AS.3/F Dkt/17, dated 19.07.2017 quash the same and consequently direct the

respondents to consider the representation of the petitioner dated 19.07.2017 and direct them to adjust the amount due under the Bill No.257 dated 01.07.2017 and future bills from the pending power purchase Invoice bearing No.IBPGL/013/2015-16 dated 01.11.2015, IBPGL/014/2015-2016 dated 21.11.2015 and Invoice No.IBPGL/003/2017-18 dated 11.07.2017 of the petitioner. For Petitioner :

Mr.S.Kaushik Ramaswamy For Respondents:

Mr.S.K.Raameshuwar, Standing Counsel for R1 to R4

O R D E R

Learned counsel appearing for the petitioner would submit that the matter has been settled in view of the Minutes of the 6th Meeting held in PWD Conference Hall, Energy Department, Fort St. George, Chennai on 24.05.2018, which has already become part of the order passed by the National Company Law Appellate Tribunal, New Delhi in Company Appeal (AT) (Insolvency) No.232 of 2017. Referring to clause 9 of the Minutes, learned counsel appearing for the petitioner would submit that he has withdrawn this writ petition.

2.In view of the submission made by the learned counsel appearing for the petitioner, the Writ Petition stands dismissed as withdrawn. Consequently, connected W.M.Ps. are closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To 1.Tamil Nadu Generation and Distribution Corporation (TANGEDCO), rep. by its Chairman and Managing Director, 2.The Director (Finance), TANGEDCO, No.144, Anna Salai,

3.The Director (Distribution), Chief Engineer/PPP, TANGEDCO, 4.The Superintending Engineer, Tuticorin Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO) 131, 132 Ettayapuram Road, Tuticorin-Pin 628 001.

+1cc to Mr.AnirudhKrishnan, Advocate SR.80900 W.P. No.18675 of 2017 and W.M.P. Nos.20212 & 20213 of 2017 PPA(CO) CB(08/11/2019)