The High Court disposed of a writ petition seeking a mandamus to restrain respondents from collecting tax on maximum demand charges. The court agreed to close the petition following a Settlement Agreement and pending Supreme Court appeals.
The writ petition is disposed of in the terms of the Settlement Agreement with the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.956 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.956 of 2019 and
W.M.P.Nos.1062 & 1063 of 2019
Saint Gobain India Private Limited, HTSC NO.499, A-1, SIPCOT Industrial Area, Sriperumbudur, Kanchipuram District, Repd. its Team Leader-Finance & Company Secretary L.Venkateswaran ...Petitioner
Vs
Writ Petition filed under Article 226 of the Constitution of India praying Writ of Mandamus, forbearing the 2nd and 3rd Respondents, from demanding and collecting the tax on maximum demand charges from the petitioner in H.T.Sc.No.499, as per the orders of the Hon'ble Supreme
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Court of India, New Delhi on 31.08.2012 in SLP(c) No.24993 of 2012 and 25522 of 2012 etc. Batch in M/s.Sri Krishna Alloys & Etc. Vs. Union of India and others etc.
For Petitioner : Mr. R.S.Pandiyaraj For Respondents : Mr.L. Jaivenkatesh
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to forbear the 2nd and 3rd respondents from demanding and collecting the tax on maximum demand charges from the petitioner in H.T.Sc.No.499, as per the order of the Hon'ble Supreme Court of India, New Delhi on 31.08.2012 in SLP(c) No.24933 of 2012 and 25522 of 2012 etc. batch in M/s.Sri Krishna Alloys & Etc. Vs.Union of India and others etc.
the petitioner in terms of the Division Bench Judgement in W.P.Nos.159 of 2008 and etc., (batch) decided on 15.06.2012 and thereafter, the Hon'ble Supreme Court having entertained the Special Leave Appeals against the said judgement bearing Special Leave Appeal (Civil) Nos.24685 to 24719 of 2012 dated 31.08.2012, with an interim direction
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restraining the respondents therein from taking any coercive steps for
disconnecting the supply of electricity to the premises of the petitioner therein, subject to that petitioner paying all the charges/dues except tax calculated on the basis of maximum demand, it is agreed that the present writ petition be disposed of in the terms aforesaid, with the agreement that the ultimate fate of the matter before the Hon'ble Supreme Court would also govern the present petitioner and the same interim order would continue to enure the benefit of the writ petitioner during the pendency of the Special Leave Appeals.
Consequently, connected miscellaneous petitions are closed.
07.03.2023
skt Neutral Citation : Yes/ No Index : Yes/ No
To:
2. The Chairman and Managing Director,
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W.P.No.956 of 2019
Chengalpattu.
M.DHANDAPANI, J.
skt
W.P.No.956 of 2019
and
W.M.P.Nos.1062 & 1063 of 2019
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1 issue framed by the court
Whether the High Court should dispose of the writ petition in terms of the Supreme Court interim direction regarding tax on maximum demand charges.
Colour shows how this judgement treated each authority
M/s. Sri Krishna Alloys & Etc. Vs. Union of IndiaReferred¶19
SLP(c) No.24933 of 2012 and 25522 of 2012
W.P.Nos.159 of 2008 batch matterReferred¶28
Special Leave Appeal (Civil) Nos.24685 to 24719 of 2012
Saint Gobain India Private Limited
The State of Tamil Nadu
The Chairman and Managing Director, TANGEDCO Ltd.
The Accounts Officer
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
