Madras High Court
M/S.Chemistar Intermediates Pvt. Ltd vs Tamilnadu Generation And Distribution on 18 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P. Nos.18055 and 18056 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. Nos.18055 and 18056 of 2022
M/s.Chemistar Intermediates Pvt. Ltd.,
Rep. By its Director
V. Kalamegam ...Petitioner in W.P. No.18055 of 2022
M/s.VP Global Fibre and Yarns Pvt. Ltd.,
Rep. By its Managing Director,
Anoop Vijayakumar Shroff ...Petitioner in W.P. No.18056 of 2022
vs.
1. Tamilnadu Generation and Distribution
Corporation Ltd. (TANGEDCO)
10th Floor, 144, Anna Salai,
Chennai - 600 002.
Represented by its Chairman
cum Managing Director
2. The Chief Engineer, NCES,
TANGEDCO, 2nd Floor,
144, Anna Salai,
Chennai - 600 002.
3. The Superintending Engineer,
TANGEDCO,
Tirunelveli Electricity Distribution Circle,
Tirunelveli.
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W.P. Nos.18055 and 18056 of 2022
4. Director Finance,
Tamil Nadu Generation and Distribution,
Corporation Limited, 144, Anna Salai,
Chennai - 600 002. ...Respondents in both W.P.s
Prayer in 18055 of 2022 : Writ Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the 1 st, 2nd
and 3rd respondents to allow the Utility Change to the Petitioner by
terminating the existing Energy Purchase Agreements dated (EPAs) dated
29.03.2012 for their WEG Nos.4084 and execute fresh Energy Wheeling
Agreement under Group captive sale / Third party as per the Common
Order of the Hon'ble High Court of Judicature at Madras dated
30.08.2019 which was upheld by the Hon'ble Division Bench dated
18.02.2020 and also by the Hon'ble Supreme Court of India dated
24.09.2020 and make payment of the outstanding dues payable to the
Petitioner towards the wind energy sold by the petitioner till the date of
the termination of the EPA dated 29.03.2012 as per their respective
invoices along with interest at 1% per month for any delay in payments.
Prayer in 18056 of 2022 : Writ Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the 1 st, 2nd
and 3rd respondents to allow the Utility Change to the Petitioner by
terminating the existing Energy Purchase Agreements all dated
12.05.2022 for their WEG Nos.079224722817 and 079204721827 and
execute fresh Energy Wheeling Agreement under group captive scheme
as per the Common Order of the Hon'ble High Court of Judicature at
Madras dated 30.08.2019 which was upheld by the Hon'ble Division
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W.P. Nos.18055 and 18056 of 2022
Bench dated 18.02.2020 and also by the Hon'ble Supreme Court of India
dated 24.09.2020 and make payment of the outstanding dues payable to
the Petitioner towards the wind energy sold by the petitioner till the date
of the termination of the EPA dated 12.05.2022 as per their respective
invoices along with interest at 1% per month for any delay in payments.
For petitioner in both W.P.s : Mr.R.S. Pandiyaraj
For respondents in both W.P.s : Mr.L. Jaivenkatesh
TNEB
COMMON ORDER
These writ petitions have been filed for a mandamus seeking for a direction to the first, second and third respondents to allow the utility change for the petitioners by terminating their respective existing Energy Purchase Agreements (EPAs) dated 29.03.2012 and 12.05.2022 for their WEG No.4084, and WEG Nos.079224722817 and 079204721827 and execute fresh Energy Wheeling Agreement under Group Captive / captive consumption scheme as per the Common Order of this Court dated 30.08.2019 passed in W.P.No.5196 of 2019 etc., batch which was upheld by the Hon'ble First Bench of this Court dated 18.02.2020 in W.A.No.4189 of 2019 etc., batch and thereafter by the Hon'ble Supreme Court by its order dated 24.09.2020. https://www.mhc.tn.gov.in/judis 3/7 W.P. Nos.18055 and 18056 of 2022
2. Mr.L.Jai Venkatesh, learned Standing Counsel for TANGEDCO accepts notice on behalf of the respondents. By consent of both parties, these writ petitions are taken up for final disposal in the admission stage itself.
3. Heard Mr.R.S.Pandiyaraj, learned counsel for the petitioners and Mr.L.Jai Venkatesh, learned Standing Counsel for the respondents.
4. The petitioners had earlier entered into Energy Purchase Agreements dated 29.03.2012 and 12.05.2022 respectively for their WEGs. Under the Energy Purchase Agreement, payments have not been made by the respondents. The petitioner seeks for conversion of the Energy Purchase Agreements to an Energy Wheeling Agreement under the group captive consumption/captive consumption scheme. In similar circumstances, in respect of other companies who had also entered into Energy Purchase Agreements and payments were defaulted, writ petitions were filed and they were allowed for converting Energy Purchase Agreement into Energy Wheeling Agreement under the Group Captive Scheme. The following are the writ petitions in which similar orders were passed as the one sought for by the petitioner in this writ petition:
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(a) the order dated 26.10.2021 passed in W.P.No.22695 of 2021 (Orange Valley Windmills Pvt. Ltd., vs. Tamil Nadu Generation and Distribution Corporation Ltd and three others)
(b) Order dated 20.01.2022 passed in W.P.Nos.519, 523 & 524 of 2022 (Pioneer NF Forging India Pvt., Ltd., vs. Tamil Nadu Generation and Distribution Corporation Ltd and others)
(c) Order dated 30.08.2019 passed in batch of writ petitions, namely W.P.No.5196 of 2018 etc. batch.
5. In all the aforementioned writ petitions, almost identical directions were issued by the respondents which are as follows:
(a) The respondent/TANGEDCO is directed to permit the petitioners to switch over to group consumption/ captive consumption/ third party sale, as the case may be, as per the request made by the petitioners;
(b) the respondent/TANGEDCO are directed to settle the respective dues to the petitioners as per their respective invoices raised by them, along with interest as per Clause 6(b) within a period of two months from the date of receipt of a copy of the order;
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(c) Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings issued by the 1st respondent deciding not to concede any request for migration is set aside.
6. Since the petitioners are also similarly placed, the directions issued by this Court earlier shall hold good for these petitioners also.
7. In terms of the above directions extracted supra, these writ petitions are disposed of. No costs.
18.07.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 https://www.mhc.tn.gov.in/judis 6/7 W.P. Nos.18055 and 18056 of 2022 ABDUL QUDDHOSE, J.
vsi2 To
1. The Chairman cum Managing Director Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
4. The Director Finance, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
W.P. No.12819 of 2022
18.07.2022 https://www.mhc.tn.gov.in/judis 7/7