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Madras High CourtWP(MD)/8706/2013disposed of

M/S Supreme Coated Board v. The Superintending Engineer,

2022-06-30Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 M/s.Supreme Coated Board Mills Pvt Ltd., Represented by its Director K.Kumaresan.

... Petitioner Vs.

The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent in his Bill No.230 dated 03.05.2013 in so far as it relates to levy of penalty in the form of extra levy for exceeding limits charges of Rs. 41,14,986/- in Serial No.13(a) and 13(b) as illegal, arbitrary, without the authority of law and direct the respondent to issue revised demand notice/bill after adjusting the 1/4

banking wind mill generated units of energy available to the credit of the petitioner.

For Petitioner : Mr.N.Sudalai Muthu for Mr.S.Karunakar For Respondents : Mr.S.Deena Dhayalan Standing Counsel

ORDER

The present writ petition has been filed challenging the C.C bills incorporating the excess demand energy charges under Serial No.13.

2. A similar issue was questioned by Tamil Nadu Spinning Mills Association against the Tamil Nadu Electricity Regulatory Commission and others in I.A.No.736 of 2019 in D.F.R.No.1584 of 2019, the Appellate Tribunal for Electricity by an order, dated 24.07.2019 has passed an interim order to the effect that no coercive steps shall be taken against the petitioner Wind Mills till the next date of hearing.

3. In view of the fact that the interim order, dated, 24.07.2019 has been passed by the Appellate Tribunal for Electricity in favour of the 2/4

Tamil Nadu Spinning Mills Association in the similar matters as that of the petitioner, this writ petition is disposed of with an observation that no coercive steps shall be taken against the petitioner till the orders are passed by the Appellate Tribunal for Electricity(APTEL). No costs. Consequently, connected Miscellaneous Petition is closed. 30.06.2022 gbg Index :

Yes / No Internet :

Yes / No To The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, Virudhunagar.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

30.06.2022 4/4