Madras High Court
M/S.Arkay Energy (Rameswaram) Private ... vs Tamil Nadu Generation & Distribution ... on 15 July, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P. No. 30129 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM
THE HON'BLE Mr. JUSTICE N.ANAND VENKATESH
W.P. No. 30129 of 2023
and
W.M.P. No. 27250 of 2025
M/s.Arkay Energy (Rameswaram) Private Limited
Represented by its Authorized Signatory
Mr.C.T.Vasan, New No.20, Old No.129
Chamiers Road, Nandanam, Chennai-600035. … Petitioner
-vs-
Tamil Nadu Generation & Distribution Corporation Limited
(TANGEDCO)
Represented by its Managing Director
No.144, Anna Salai, Chennai-600002. ... Respondent
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the respondent to pay the
petitioner the admitted balance sum of Rs.5,37,00,000/- for supply of electricity
charges as per Statement of Account as on 28.09.2020 of the respondent to the
petitioner herein.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 07:49:37 pm )
W.P. No. 30129 of 2023
For Petitioner : Mr.Anirudh Krishnan
For Respondent : Mr.D.R.Arunkumar, Standing Counsel
ORDER
This writ petition has been filed for the issuance of writ of mandamus directing the respondent to pay the petitioner the admitted balance sum of Rs.5.37 crores for supply of electricity charges as per the statement of accounts dated 28.09.2020.
2. Heard Mr.Anirudh Krishnan, learned counsel for the petitioner and Mr.D.R.Arunkumar, learned Standing Counsel for the respondent and perused the materials placed on record, apart from the pleadings of the parties.
3. The petitioner had entered into a Power Purchase Agreement with the respondent in the year 2009. There were amounts due and payable to the petitioner. Ultimately, after several orders were passed both by this Court and also by the National Company Law Appellate Tribunal (NCLAT), Chennai, the parties decided to negotiate. Pursuant to the same, a sum of Rs.208.85 crores was identified as an undisputed amount, which is payable by the Tamil Nadu 2/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 07:49:37 pm ) W.P. No. 30129 of 2023 Generation & Distribution Corporation Limited (TANGEDCO) to the petitioner. The second tranche of payment pertains to the interest on the delayed payment. The third tranche pertains to disputed payment, which was agreed to be negotiated between the parties. This is evident from the order passed by the NCLAT, New Delhi, in Company Appeal (AT) (Insolvency) No. 215 of 2017 dated 29.05.2018. In this order, the agreement that was reached between the parties and which was reduced to writing in the Minutes of the 6th Meeting held, formed part of the order.
4. Even though the TANGEDCO agreed to pay a sum of Rs. 208.85 crores, the petitioner was made to run from pillar to post and it resulted in filing W.P. No. 23856 of 2018 before this Court. During the pendency of the writ petition, the statement of accounts as on 28.05.2020 has been filed before this Court. For proper appreciation, this statement of accounts is scanned and extracted hereunder:-
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5. The grievance expressed by the petitioner is that a sum of Rs.73.85 crores has been paid towards the first tranche of amount by the respondent. However, the admitted amount of Rs.5.37 crores as per the statement of accounts dated 28.09.2020 was not paid to the petitioner. It is under these circumstances, the present writ petition came to be filed by the petitioner before this Court.
6. In the considered view of this Court, the petitioner is claiming only the admitted amount of Rs.5.37 crores by the respondent payable towards the interest on delayed payments. What is being relied upon by the petitioner is the statement of accounts, that was filed by the respondent during the pendency of the earlier writ petition. In fact, it can be seen at Column 5 of the statement of accounts that the interest on delayed payment was revised and what was calculated as Rs.70.61 crores on an earlier occasion was revised to 77.32 crores. Hence, there was meeting of minds and the amount was determined and what remains is the payment that has to be made to the petitioner i.e. the 5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 07:49:37 pm ) W.P. No. 30129 of 2023 admitted amount of Rs.5.37 crores. Unfortunately, this amount has not been paid to the petitioner and the petitioner has been driven to this Court once again.
7. This writ petition has been adjourned time and again in order to enable the respondent to pay the amount to the petitioner and this has been going on for nearly two years. Therefore, this Court is inclined to pass final orders in the present writ petition.
8. There shall be a direction to the respondent to settle the amount of Rs.5.37 crores to the petitioner as per the statement of accounts dated 28.09.2020. This payment shall be settled within a period of four weeks from the date of receipt of a copy of this order.
9. In the result, this writ petition is disposed of with the aforesaid directions. If there are any other amounts payable to the petitioner, the same shall be independently prosecuted and the present order passed in this writ petition does not curtail the rights of the petitioner to recover those amounts. Consequently, connected miscellaneous petition is closed. No costs. 6/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 07:49:37 pm ) W.P. No. 30129 of 2023
10. Post this writ petition 'for reporting compliance' on 18.08.2025.
15.07.2025 Index: Yes/No Internet: Yes/No Speaking /Non-speaking order NCC : Yes / No Note: Issue order copy on 16.07.2025.
Maya To The Managing Director Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO) No.144, Anna Salai, Chennai-600002.
7/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 07:49:37 pm ) W.P. No. 30129 of 2023 N.ANAND VENKATESH, J.
Maya W.P. No. 30129 of 2023 Dated : 15.07.2025 8/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/07/2025 07:49:37 pm )