At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN
For the Petitioner: Satish Parasaran, Advocate. For the Respondents: G. Vasudevan, Advocate.
(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent herein to pay the petitioner the sum of Rs.21,63,32,979/- being the amount due and payable to the petitioner inclusive of interest thereon towards delayed payment for the energy supplied by the petitioner to the 3rd respondent herein or alternatively permit the petitioner to have Inter State Open Access for the energy generated by the petitioner in its Power Plants.)
1. Heard the learned counsels appearing for the parties concerned.
2. At this stage of the hearing of the writ petition, the learned counsel appearing for the respondents had filed an additional counter affidavit, dated 5.2.2013. Paragraph 2 of the said additional counter affidavit reads as follows:
"2. It is respectfully submitted that TANGEDCO had taken a decision to pay the amount to the appellant for the unadjusted energy of 71,03,036 units, got supplied to TNEB grid due to R&C measures during the period of Oct' 2008 to Jan' 2009 @ Rs.6.70 per unit vide (Per) CMD TANGEDCO proceedings No.361 dated 17.11.2012. As per the proceedings the payment shall be made in three installments, within three months from the date of issue of orders on 17.11.12. The same was informed to the petitioner vide Lr.dt.19.11.2012. The first installment amount of Rs.1,58,63,447/- was paid vide Cheque No.042211, dated 18.12.12. The 2nd and 3rd installments amount of Rs.3,17,26,894/- was paid vide cheque No.0422240, dt 17.01.13. The payment details was also submitted to Hon'ble TNERC, and as on date no amount is to be paid to the petitoner on this issue."
3. The learned counsel appearing for the petitioner had submitted that an additional claim had been made by the petitioner, by filing the Dispute Resolution Petition No.20 of 2011, before the Tamil Nadu Electrcity Regulatory Commission and the said matter is still pending adjudication. Therefore, he had submitted that the present writ petition may be closed, in view of the payment of a substantial amount of money, by the Tamil Nadu Generation and Distribution Corporation Limited, as stated in paragraph 2 of the additional counter affidavit, dated 5.2.2013. However, the petitioner may be permitted to pursue the Dispute Resolution Petition No.20 of 2011, pending before the Tamil Nadu Electricity Regulatory Commission, filed against the Tamil Nadu Generation and Distribution Corporation Limited.
4. In view of the above, the present writ petition stands closed, permitting the petition
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er to pursue the Dispute Resolution Petition No.20 of 2011, pending before the Tamil Nadu Electricity Regulatory Commission and for further claim, if any, to be made against the Tamil Nadu Generation and Distribution Corporation Limited. No costs. Connected M.P.Nos.1 and 2 of 2012 are closed.