M/S.Shankar Abodes Solar Pvt Ltd v. S.J.Engineers Renewable Energy (P)Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Sixteenth day of July Two Thousand Twenty One PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN WMP(MD). No.9233 of 2021 in WP(MD) No.16799 of 2020 M/s.Shankar Abodes Solar Private Limited, Rep by its Director, 28/38 Bharathi Nilayam, 3rd Cross, Thillai Nagar, Trichy- 620 018 ... Petitioner / 3rd Respondent Vs 1 S.J.Engineers Renewable Energy (P) Ltd., Having its Registered Office at No.27, Krishna Colony, P.B.No.1850, Trichy Road, Coimbatore and its Administrative Office at Varsha B-19, Vasudhara Enclave, Agrini Apartments, T.P.K.Road, Madurai, Through its Director.
... 1st Respondent/ Petitioner 2 The Chief Engineer Non - Conventional Energy Sources, TANGEDCO, 2nd Floor, Eastern Wing, 144, Anna Salai, Chennai - 600002.
3 The Superintending Engineer Karur Electricity Distribution Circle, TANGEDCO, No.3 , Kovai Road, Karur - 639002.
... Respondents 2 and 3 /Respondents 1 &2 Prayer in WMP(MD) No.9233 of 2021:- This Miscellaneous Petition filed under Article 226 of Constitution of India, to extend the time to further 12 weeks and may be pleased direct the third respondent / SE TANGEDCO, Karur , to open a Joint Account with the Petitioner granted to comply the directions issued by this Hon'ble Court for the deposit of Rs.60,00,000/-(Rupees Sixty Lakhs only) as per the order dated 27/01/2021.
Prayer in WP(MD). 16799/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to calling for the records of the first respondent' s proceedings in Memo No. Lr.No.CE/NCES/SE/Solar/EE/SCB/AEE/2F, M/s.Shankar Abodes Solar Pvt Ltd. D.989/19 dated 01.08.2019 and quash the same in so far as the condition No. 4 is concerned and the consequential proceedings of the 1st respondents proceedings dated 28.7.2020 in https://hcservices.ecourts.gov.in/hcservices/ 1/2
Memo.No.DIR/GEN/ EC/NCES/SE/Solar/EE/SCB/AEE-2/F, M/s.Shankar Abodes Solar Pvt Ltd, D.713/20 and quash the same in so far as it relates to the condition no. 3 as illegal, arbitrary and without jurisdiction and further direct the respondents 1 and 2 not to permit transmission by any generating plant and forbear the respondents 2 and 3 from transmitting through the petitioner's 33 KV transmission line at Iyermalai Sub-Station, without a line sharing agreement with the petitioner.
ORDER:- This miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.D.Manikandan, Advocate for the Petitioner and and of Mr.H.Lakshmi Shankar, Advocate for the first respondent and Mrs.Parameswari, Advocate For Mr.S.M.S.Johnny Basha, Advocate for the respondents Nos.2 & 3, this Court made the following order:
Heard the learned counsel on either side.
2. Vide Order dated 27.01.2021 in W.P.(MD) Nos.16799 and 16809 of 2020, the petitioner herein was directed to deposit a sum of Rs.60,00,000/- in an account to be specially created. It is now submitted by the learned counsel appearing for the first respondent herein that the TANGEDCO had already created such an account and intimated the same to the petitioner also. The question of modifying the said order does not arise. However, the petitioner is given ten more weeks to deposit the amount in the said amount created by the TANGEDCO. I make it clear that no request for further extension of time will be entertained.
3. This petition is disposed of on these terms. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) + 1 CC to Mr.G.D.Manikandan, Advocate, Sr.23175/2021 + 1 CC to Mr.H.Lakshmi Shankar, Advocate, Sr.No.23010/2021 ORDER DATED : 16/07/2021 ==========================
ORDER
========================== WMP(MD). No.9233 of 2021 Giving direction and etc.
as stated within.
RK(26.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2