The Madras High Court allowed a writ petition challenging a High Tension Bill that levied harmonics compensation charges before the statutory three-month grace period under Tariff Order No.1 of 2013 expired, setting aside the impugned order.
Impugned order dated 06.01.2015 passed by the 1st respondent set aside; Writ Petition allowed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. NO.1063 OF 2015 AND M.P.NOS. 2 AND 3 OF 2015
Sundram Fasteners India (P) Limited,
rep by its Chief Financial Officer & Company Secretary, SEZ Unit, Plot No.AA1, Central Avenue, Auto Ancillary SEZ, Mahindra World City, Kancheepuram-603 002. Having registered office at: No.98-A, VII Floor, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
…Petitioner
Vs.
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent in issuing the High Tension Bill dated 7.01.2015 issued for the petitioners HT
SC No.548 and quash the same in so far as it levies a sum of Rs.8 84 230/- towards harmonics compensation charges and covered in Serial No.14 of the said Bill and consequently direct the respondents to carry out an inspection of the factory of the petitioner to ascertain the levels of harmonics dumping and impose any chargers in respect of Harmonic dumping strictly in accordance with law and only in the event of the petitioner failing to achieve the necessary limits on or after the date available to it to achieve such harmonics control i.e. 15.3.2015.
For Petitioner : Mr.R.Parthasarathy
For R1 to R3 : Ms.Revathy for Mr.Jai Venkatesh Standing Counsel
For R4 : Mr.V.Venkatesan SCGSC
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Certiorariafied Mandamus, to call for the records of the 3rd respondent in issuing the High Tension Bill, dated 7.01.2015, issued for the petitioner's HT SC No.548 and quash the same in so far as it levies a sum of Rs.8,84,230/- towards harmonics compensation charges and covered in Serial No.14 of the said Bill and consequently direct the respondents to carry out an inspection of the factory of the petitioner to ascertain the levels of harmonics dumping and impose any chargers in respect of Harmonic dumping strictly in accordance with law and only in the event of the petitioner failing to achieve the necessary limits on or after the date available to it to achieve such harmonics control i.e. 15.3.2015.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
Psa
To:
TANGEDCO,No.800, Anna Salai,Chennai-600 002.
W.P. No.1063 of 2015
PM(CO) PM/01/07/2022
1 issue framed by the court
Whether the High Tension Bill levying harmonics compensation charges before the expiry of the three-month grace period under Tariff Order No.1 of 2013 Clause 6.1 is valid.
Colour shows how this judgement treated each authority
W.P.No.2513 of 2015Referred¶28
2 provisions across 2 enactments
Sundram Fasteners India (P) Limited
The TANGEDCO
The Superintending Engineer, Chengalpattu Electricity Distribution Circle
Deputy Financial Controller, Chengalpattu Electricity Distribution Circle
Central Electricity Authority
Mohammed Shaffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
