Empee Sugars And Chemical v. The Tamil Nadu Generation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) Nos.1 to 3 of 2015 Empee Sugars and Chemical Limited, rep by its Authorized Signatory, having registered office at 59, Harris Road, Pudupet, Chennai 02.

... Petitioner /vs./ 1.The Tamil Nadu Generation Company Ltd., rep by its Chief Engineer/PPP, No.144, Anna Salai, Chennai 600 002.

2.The Superintendent Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the Impugned communication of the 2nd Respondent's communication in Lr.No.SE/TEDC/TIN/AO/REV/AAO/ACS/HT/F.HT.215/D.487/15 dated 03.10.2015 and quash the same as being arbitrary illegal and contrary to the terms 1/3

of the contract between parties and directing the Respondents to forthwith release the dues of all pending invoice under the respective Power Purchase Agreements entered into between the petitioner and the respondent without in any manner deducting any penalties for short supply and make payments in full percisely as on date with interest on the delayed payment of all the contractual rate for the period of delay.

For Petitioner : Mr.C.Muthusaravanan For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

The learned counsel for the petitioner would submit that the prayer in the writ petition has become infructuous and has also made an endorsement to that effect.

2.Recording the same, the Writ Petition stands dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes / No 20.11.2024 Internet : Yes / No mm 2/3

K.KUMARESH BABU, J.

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