Single-line order disposing of a writ petition for penalty recovery by reference to a Supreme Court stay order.
Disposed with liberty to agitate the issue after disposal by the Hon'ble Supreme Court
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.11128 of 2010 and M.P.No.1 of 2010
M/s.Vijay Plas Fabs (p) Ltd., No.1, First Link Street, Raghavan Colony, Jafferkhanpet, Chennai-600 083. ...Petitioner Vs. 1.The Chairman, Tamil Nadu Electricity Board, 801, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Chennai Electricity Distribution Circle/North, 142,Anna Salai, Chennai-600 002. 3.TamilNadu Electricity Regulatory Commission, Represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorari, calling for the records of the second respondent in Lr.No.SE/CEDC/N/AAO/AS/H.T.No.1627/D/10 dated 12.05.2010 and quash the same and consequently to restrain the first and second respondent from levying/demand/collecting penalty charges for the consumption of energy over and above the quota during evening peak hour in respect of the petitioner's service connection HT A/c.No.1627, Tamil Nadu Electricity Board, Chennai Electricity Distribution Circle North.
For Petitioner : Mr.L.Murali Krishnan
For Respondents : Mr.P.R.Dhilipkumar
O R D E R
The learned Counsel appearing on behalf of the respondents submitted that the issue raised in the present Writ Petition is pending before the Hon'ble Apex Court, which has been directed to furnish Bank Guarantee of a Nationalised Bank in favour of the Registrar (Judicial) of the Supreme Court in the sum of Rupees Seventy Five Crores within two weeks. On furnishing such Bank Guarantee, impugned judgment is stayed.
2.In view of the above order made by the Hon'ble Supreme Court, this Writ Petition is disposed of with liberty to agitate the issue after the disposal of the case by the Hon'ble Supreme Court. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar tta To. 1.The Chairman, Tamil Nadu Electricity Board, 801, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Chennai Electricity Distribution Circle/North, 142,Anna Salai, Chennai-600 002. 3.The Secretary, TamilNadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008. +1cc to Mr.P.R.Dhilipkumar , Advocate SR.59433 W.P.No.11128 of 2010 SV(CO) CB(16/10/2019)
1 provisions across 1 enactments
M/s.Vijay Plas Fabs (p) Ltd.
The Chairman, Tamil Nadu Electricity Board
The Superintending Engineer, Chennai Electricity Distribution Circle/North
TamilNadu Electricity Regulatory Commission
M.Dhandapani
As recorded by the court registry
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