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M/s. Sri Amman Wind Systems Pvt. Ltd., Represented by its Authorised Signatory, K. Subramanian v/s Tamil Nadu Electricity Regulatory Commission Represented by its Secretary, Egmore & Others

    WP No. 6152 of 2022 & WMP No. 6221 of 2022

    Decided On, 17 March 2022

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR.(MRS.) JUSTICE ANITA SUMANTH

    For the Petitioner: R.S. Pandiyaraj, Advocate. For the Respondents: Abul Kalam, Standing Counsel for TANGEDCO.



Judgment Text

(Prayer: This writ petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the third and fourth respondents to forthwith make payment of Rs.7,31,364/- which according to the petitioner is due and payable for the Wind Energy Generated and supplied by the petitioner to the respondents from May 2017 to July 2017 and further direct the respondents to pay interest @ 1% per month for any delay in settlement of invoices beyond the periods from the date of invoice.)

Mr.Abul Kalam, learned Standing Counsel accepts notice for the respondents. By consent of both sides, the Writ Petition is disposed finally even at the stage of admission.

2. The petitioner seeks a Writ of Mandamus directing the third and fourth respondents to forthwith make payment of Rs.7,31,364/- which according to the petitioner is due and payable for the Wind Energy Generated and supplied by the petitioner to the respondents from May 2017 to July 2017 and further direct the respondents to pay interest @ 1% per month for any delay in settlement of invoices beyond the periods from the date of invoice.

3. Both learned counsel would concur on the position that this issue stands decided by various Benches of this Court. In W.P.Nos.27559 and 27564 of 2021 final orders were passed on 22.12.2021 to the effect that, in those cases where TANGEDCO was in the process of adjusting the outstanding amounts due, such adjustment would continue till the entire outstanding amounts stood adjusted towards current consumption charges/open access charges payable by the respective Petitioners.

4. TANGEDCO was directed not take coercive steps to disconnect the electricity connection to the Petitioner until the outstanding amounts due and payable is completely adjusted towards the current consumption charges/open access charges payable by the Petitioner.

5. In W.P.No.6776 of 2018, TANGEDCO has been directed vide order dated 28.10.2021 to formulate a definite policy as to how they propose to deal with their liabilities under the agreements, going forward.

6. Mr.Kalam, who takes notice for the respondents would submit that the policy which is presently being finalized also includes the issue of interest payable to consumers for delay in effecting payments.

7. In view of the identity of facts that arise in the earlier matters as in the present matter, learned counsel would request the Court to pass a final order in this writ petition even at the stage of admission following the ratio of orders dated 28.10.2021 and 22.12.2021 as aforesaid.

8. As far as this Writ Petition is concerned, the amount outstanding is admittedly, a sum of Rs.7,31,364/-. As the petitioner states that it sells the entire electricity generated to the respondent, the question of captive consumption, and consequently, adjustment against CC charges, does not arise.

9. In light of the above, this Writ Petition is disposed directing TANGE

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DCO, to settle the outstanding amount within a period of 12 weeks from today. No costs. Connected Miscellaneous Petition is closed. 10. List this Writ Petition along with W.P.Nos.1857 of 2022 etc. batch on 31.03.2022 under the caption 'For Filing Final Report' to decide on the question of interest payable on delayed payments.
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