M/S. Raha Oils Private Limited v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.

34043 of 2023 M/s.Raha Oils Private Limited, Represented by its Managing Director, S.Tamilmani, No.376, Manickanatham Road, Paramathi, Paramathi Velur Taluk, Namakkal District - 637 207.

... Petitioner Vs.

The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to pay the excess penalty amount of Rs.33,56,240/- imposed and deducted from the

account of petitioner Company by waiving the same as the supply was made without attracting any penalty for such period in compliance with the emails dated 16.08.2021, 20.08.2021, 27.08.2021 & 31.08.2021 sent by the respondent by considering the petitioner's representation dated 04.10.2023 within the time frame as fixed by this Court. For Petitioner :

Mr.S.Senthil For Respondent :

Mr.C.Selvaraj Standing Counsel

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondent to pay the excess penalty amount of Rs.33,56,240/- imposed and deducted from the account of petitioner Company by waiving the same, as the supply was made without attracting any penalty for such period, in compliance with the e-mails dated 16.08.2021, 20.08.2021, 27.08.2021 & 31.08.2021 sent by the respondent, by considering the petitioner's representation dated 04.10.2023 within the time frame as fixed

by this Court.

2.It is the case of the petitioner that the respondent awarded a contract for supply of 30,00,000 pouches each containing 1 litre (910 grams) of Palmolein Oil to all the operational godowns of the respondent Corporation on or before 17.08.2021. The petitioner had supplied 14,45,354 oil pouches till 17.08.2021. Based on the petitioner's request, the respondent granted extension of time till 21.08.2021 for supplying the remaining quantity of oil pouches without penalty by its e-mail dated 16.08.2021. Thereafter, again the petitioner supplied a part of the remaining quantity and the respondent further granted extension of time by e-mail dated 20.08.2021 without imposing any penalty. Similarly, time extension orders were passed on 27.08.2021, 31.08.2021. It is the main contention of the petitioner that, while granting all these time extension orders, it is indicated that no penalty is to be paid. Accordingly, the petitioner has supplied the goods. However, later on, the respondent has imposed penalty invoking Clauses 16(a), 16(b)

and 16(c) of the contract entered into between the petitioner and the respondent and the penalty amount has also been collected from the petitioner. Hence, the present writ.

3.Learned counsel for the petitioner would submit that, in this regard, the petitioner has also submitted a representation, dated 04.10.2023, to the respondent, however, no order has been passed by them. 4.As the petitioner has already submitted a representation dated 04.10.2023 in this regard, let the respondent consider the same and pass orders on merits, particularly taking note of the fact that while granting extension orders, penalty has not been insisted. Such orders shall be passed within a period of one month.

5.With these directions, this writ petition is disposed of. No costs.

01.12.2025 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No To The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai.

N. SATHISH KUMAR, J.

mkn W.P.No.

34043 of 2023

01.12.2025