Disposed

Arupadai Arulmurugan Spinners v. The Chairman

Madras HC15 Nov 2021WP/2458/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the withdrawal of deemed demand charges. Pending a corresponding Writ Appeal by the respondent, the Court directed the petitioner to pay 50% of dues while the appeal is sub judice.

What did the court decide?

Petitioner to pay balance deemed demand charges if Writ Appeal is allowed; continue paying 50% of deemed demand charges till disposal of appeal.

Arupadai Arulmurugan Spinners Vs The Chairman — Banking and Recovery | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.11.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M. DHANDAPANI

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W.P. No.2458 of 2020 and W.M.P. Nos. 2856 and 2858 of 2020

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Arupadai Arulmurugan Spinners Pvt Ltd. HTSC No.316 S.F.No. 15/1A, Aathikattur Anangur Post, Tiruchengode Taluk Namakkal District Rep. by its Authorized Signatory Mr. G.Jayakumar ... Petitioner Vs.

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The Chairman Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 144, Anna Salai Chennai – 600 002.

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Chief Financial Controller /Revenue TANGEDCO 144, Anna Salai Chennai – 600 002.

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The Superintendent Engineer Mettur Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited TANGEDCO, Mettur.

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Tamil Nadu Electricity Regulatory Commission Through its Secretary No. 19A, Rukmini Lakshmipathy Salai Egmore, Chennai – 600 008. ... Respondents

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

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records of the Second Respondent contained in impugned letter CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13 dated 29.07.2013 and quash the same as arbitrary, illegal and violative of the provisions of the Electricity Act, 2003 and the orders of the TNERC.

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For Petitioner : Mr. R.S.Pandiyaraj

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For Respondents: Mr. Jai Venkatesh

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Standing Counsel for EB

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O R D E R

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Heard the Learned Counsel for the Petitioner and Learned Counsel for the Respondents.

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Aggrieved by the withdrawal of deemed demand benefit extended to the Petitioner by the Respondents and consequent demand of charge, the present writ petition is filed.

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When a writ petition is filed before this Court, challenging the withdrawal of concession of the deemed demand charges, the Learned Single Judge of this Court upheld and quashed the impugned order.

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Aggrieved by that the Respondent /TANGEDCO preferred an appeal in W.A. No. 2539 of 2018 and the same is pending before the Division Bench of this Court. The Division Bench, on 09.11.2018, while admitting the appeal preferred by the Respondent herein has directed the third parties to pay 50% of demand made pursuant to the impugned notice.

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It is submitted by the Learned Counsel for the Petitioner as well as the Respondents that the said Writ Appeal is pending.

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In the light of the interim order passed by this Court, on line with the interim order passed by the Division Bench, the Petitioner has paid 50% of the deemed demand charges on 12.06.2019.

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Recording the same, this Writ Petition is disposed of. With direction that the Petitioner is liable to pay the balance deemed demand charges, if the Writ Appeal filed by the

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

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Respondent herein is allowed and he shall abide by any order passed by the Division Bench. Till the disposal of the Writ Appeal, the Petitioner shall continue to pay 50% of deemed demand charges. No costs. Consequently, connected Miscellaneous Petitions are closed.

SD/-

ASSISTANT REGISTRAR

// TRUE COPY //

SUB ASSISTANT REGISTRAR

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Rli To

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The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai – 600 002.

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Chief Financial Controller /Revenue, TANGEDCO, 144, Anna Salai, Chennai – 600 002.

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The Superintendent Engineer Mettur Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited TANGEDCO, Mettur.

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Tamil Nadu Electricity Regulatory Commission Through its Secretary No. 19A, Rukmini Lakshmipathy Salai Egmore, Chennai – 600 008.

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+1cc to Mr.R.S.Pandiyaraj, Advocate Sr.59171

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W.P. No. 2458 of 2020

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kg[co] srg 30/11/2021

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

Arupadai Arulmurugan Spinners v. The Chairman

Case brief

What is this about?

What did the court decide?

Arupadai Arulmurugan Spinners v. The Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

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