Allowed

Shanvi Cotton Mills v. The Chairman

Madras HC8 Sept 2020WP/12267/2020

Case brief

AI extract

What is this about?

The petitioner, facing financial constraints, sought permission to pay an additional security deposit in 10 instalments. The single-judge bench allowed a compromise direction for payment in 6 equal monthly instalments, deviating from the petition's request.

What did the court decide?

Direction to pay Additional Security Deposit in 6 equal monthly instalments, first instalment on or before 14th September 2020.

Shanvi Cotton Mills Vs The Chairman — Contract and Commercial Disputes | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 08.09.2020

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

¶5

W.P.No.12267 of 2020

¶6

Shanvi Cotton Mills
SF No. 30/1 Pappampatty Main Road
Peedampalli Post, Ondipudur Via, Sulur TK,
Coimbatore 641 016
Repd. by its Proprietor
K Baskaran. ... Petitioner
Vs.
1 The Chairman
Tamil Nadu Generation and Distribution
Corporation Limited
144, Anna Salai
Chennai-600 002.
2 The Superintending Engineer
Coimbatore – Metro Electricity Distribution Circle
Tamilnadu Generation and Distribution
Coimbatore. ...Respondents

¶7

Prayer : This Writ Petition is filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the 1st and 2 nd Respondents to permit the petitioner to pay the Additional Security Deposit of Rs.15,07,611/- alone in 10 equal monthly instalments along with the regular current consumption charges.

¶8

For Petitioner : Mr.V.Jayabalan

¶9

For Respondents : Mr. N.Damodharan Standing Counsel

¶10

https://hcservices.ecourts.gov.in/hcservices/

¶11

O R D E R

¶12

This writ petition has been filed for a direction to the respondents to consider the request made by the petitioner, wherein, the petitioner has requested for payment of Additional Security Deposit in 10 equal monthly instalments.

¶13

2.The petitioner is having a HT service connection. As per the Tamil Nadu Electricity Supply Code, 2004, the Security Deposit will be revised every year under Regulation 5(5). Accordingly, the second respondent has revised the Security Deposit and has informed the petitioner through his letter dated 05.08.2020 to pay the Additional Security Deposit of Rs.15,07,611/- over and above the existing deposit on or before 03.09.2020. If this amount is not paid by the petitioner, the electricity supply will stand disconnected.

¶14

3.The petitioner had stated that due to the current situation and severe financial constraints, the petitioner is not in a position to pay the entire Additional Security Deposit on or before 03.09.2020. The petitioner has, therefore, made a representation on 27.08.2020 to the respondents to permit the petitioner to pay the Additional Security Deposit in ten instalments. Since it was not acted upon, the present writ petition has been filed before this Court seeking for appropriate direction.

¶15

Heard Mr.V.Jayapalan, learned counsel appearing on behalf of the petitioner and Mr.N.Damodharan, learned Standing Counsel appearing on behalf of the respondents.

¶16

5.It is seen from the records that similar such request has been entertained by this Court and this Court considering the facts and circumstances of the case, has permitted the consumer to pay the Additional Security Deposit in 10 instalments. Useful reference can be made to the order of this Court in W.P.No.10947 of 2017 and W.P.No.11686 of 2018.

¶17

6.Taking into consideration the facts and circumstances of the case and the present situation that is prevailing, there shall be a direction to the petitioner to pay the Additional Security Deposit claimed by the second respondent in 6 equal monthly instalments, and the first instalments shall be paid on or before 14^th September 2020. If in case, the petitioner defaults in making the payment, it is always open to the respondents to initiate appropriate action in accordance with law.

¶18

https://hcservices.ecourts.gov.in/hcservices/

¶19

7.This Writ Petition is disposed of with the above directions. No costs.

¶20

Sd/-

¶21

Assistant Registrar(CS-IV)

¶22

//True copy//

¶23

Sub Assistant Registrar
mra
To
1 The Chairman
Tamil Nadu Generation and Distribution Corporation
Limited
144, Anna Salai
Chennai-600 002.
2 The Superintending Engineer
Coimbatore – Metro Electricity Distribution Circle
Tamilnadu Generation and Distribution
Coimbatore.
3. The Government Pleader,
High Court, Madras.
W.P.No.12267 of 2020
MR(CO)
GMY(15/09/2020)

¶24

https://hcservices.ecourts.gov.in/hcservices/

Shanvi Cotton Mills v. The Chairman

Case brief

What is this about?

What did the court decide?

Shanvi Cotton Mills v. The Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajendiran Vs The District Collector

Bnt Connection Impex Ltd. Vs Inspector General

S.Srinivasan Vs The Revenue Divisional officer

M.S.Shanthi Vs The Revenue Divisional

Dr.Subbha Somu Vs Revenue Divisional Officer

Sadasivam Vs The District collector -CUm - Arbitrator