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Madras High CourtWMP/39584/2018injunction ordered

Sandhya Spinning Mill Ltd, v. The Chairman,

2018-12-20Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE S.M. SUBRAMANIAM WMP No.39584 of 2018 IN WP.NO.34071 OF 2018 SANDHYA SPINNING MILL LTD, [ PETITIONER ] HT SC NO.141, REGD. OFFICE.NO.47, P.S.K.

NAGAR, RAJAPALAYAM 626108, REP. BY ITS SR.

MANAGER ACCOUNTS N.VAIRABALAJI Vs 1 THE CHAIRMAN, [ RESPONDENTS ] TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO), NO.144, ANNA SALAI CHENNAI 600 002 2 CHIEF FINANCIAL CONTROLLER/REVENU, (TANGEDCO), NO.144, ANNA SALAI CHENNAI 600 002 3 THE SUPERINTENDING ENGINEER, (TANGEDCO), VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE, VIRUDHUNAGAR, 4 TAMIL NADU ELECTRICITY REGULATORY COMMISSION, THROUGH ITS SECRETARY NO.19A, RUKMINI LAKSHMIPATHY SALAI, EGMORE, CHENNAI 600 008 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Grant an interim injunction restraining the 1st 2nd and 3rd respondents their men, agents, or any one claiming through or under them from in any manner acting in furtherance of the impugned letter CFC/FC/DFC/AAO.HT/AS.REV./D.NO.

115/13 dated 29/07/2013 passed by the 2nd respondent herein and continuing to allow the benefit of deemed demand (IN WMP No.39584 of 2018) pending disposal of the IN WP.NO.34071 OF 2018. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.S.PANDIYARAJ, Advocate for the petitioner and of MR.S.K.

Mr.S.K.Raameshwar, learned Standing Counsel takes notice for the respondents and sought four weeks time for filing counter. 2.The learned counsel for the petitioner submitted that batch of writ petitions are pending in respect of the same relief sought for in the present writ petitions, wherein, conditional interim injunction was granted.

3.Following the order dated 16.07.2014, passed by this Court in M.P.Nos.2 to 2 of 2014 in W.P.Nos.18725 to 18731 of 2014, there shall be an order of interim injunction on condition that the petitioner pays 50% of the demand, which is impugned in these writ petitions, within a period of two weeks from the date of receipt of a copy of this order. If the amount is not paid as directed within the time stipulated, the interim injunction granted shall stand vacated automatically. It is also made clear that the petitioner shall pay 50% of such deemed demand in future months also, without fail.

4.Post this writ petition along with the batch. -sd/- 20/12/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHAIRMAN, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO), NO.144, ANNA SALAI CHENNAI 600 002 2 CHIEF FINANCIAL CONTROLLER/REVENU, (TANGEDCO), NO.144, ANNA SALAI CHENNAI 600 002 3 THE SUPERINTENDING ENGINEER, (TANGEDCO), VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE, VIRUDHUNAGAR, 4 TAMIL NADU ELECTRICITY REGULATORY COMMISSION, THROUGH ITS SECRETARY NO.19A, RUKMINI LAKSHMIPATHY SALAI, EGMORE, CHENNAI 600 008

C.C. to M/S.R.S.PANDIYARAJ Advocate SR.NO.15804 Order in WMP.39584/2018 in WP.NO.34071 OF 2018 Date :20/12/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (28/12/2018)