Madras High Court
M/S.Kadimi Took Manufacturing Company ... vs Tamilnadu Generation And Distribution on 13 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.17760 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.17760 of 2022
M/s.Kadimi Took Manufacturing Company P Ltd.,
WEG HTSC No.079224722730,
1024, 10th floor, DLF Tower A,
Jasola, New Delhi – 110 025,
represented by its Authorised Signatory,
Mr.Rohit Agarwal ... Petitioner
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.No.17760 of 2022
4.Director Finance,
Tamil Nadu Generation and Distribution Corporation Limited,
144, Anna Salai,
Chennai – 600 002. ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for
Writ of Mandamus for directing the respondents 1st, 2nd and 3rd to allow the
Utility change to the petitioner by terminating the existing Energy Purchase
Agreements (EPAs) dated 01.04.2022 and execute fresh Energy Wheeling
Agreement for their own Captive Consumption at their HTSC
No.099094111076 of the energy generated in Petitioner's WF HTSC
No.079224722730 as per the Common Order of this Court dated 30.08.2019
which was upheld by the Division Bench of this Court 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 wing
energy sold by the petitioner till the date of the termination of the EPA
dated 01.04.2022 as per their respective invoices along with interest at 1%
per month for any delay in payments.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.L.Jaivenkatesh
Standing Counsel
ORDER
This writ petition has been filed for a mandamus seeking for a direction to the respondents 1 to 3 to allow the utility change for the respective petitioners by terminating their respective existing Energy 2/6 https://www.mhc.tn.gov.in/judis W.P.No.17760 of 2022 Purchase Agreements (EPAs) dated 01.04.2022 and execute fresh Energy Wheeling Agreement for their own Captive Consumption at their HTSC No.099094111076 of the energy generated in Petitioner's WF HTSC No.079224722730 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.
2. Mr.L.Jaivenkatesh, learned Standing Counsel accepts notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.
3. Heard Mr.R.S.Pandiyaraj, learned counsel for the petitioner and Mr.L.Jaivenkatesh, learned Standing Counsel appearing for the respondents.
4. The petitioner had earlier entered into Energy Purchase Agreements dated 01.04.2022. Under the Energy Purchase Agreements, 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 captive consumption/group captive/third party sale. In similar circumstances, in respect of other companies who had also entered 3/6 https://www.mhc.tn.gov.in/judis W.P.No.17760 of 2022 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 Captive Consumption/Group Captive/Third Party Sale. The following are the writ petitions in which similar orders were passed as the one sought for by the petitioner in this writ petition:
(a) 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 petitioner to switch over to captive consumption/group captive consumption/third party sale, as the case may be, as per the request made by the petitioner; 4/6
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(b) the respondent/TANGEDCO is directed to settle the respective dues to the petitioner 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 that order;
(c) Consequently, in view of permitting the petitioner 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 petitioner is also similarly placed, the directions issued by this Court earlier shall hold good for this petitioner also.
7. In terms of the above directions extracted supra, this writ petition is disposed of. No costs.
13.07.2022 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders ABDUL QUDDHOSE, J.
nl To 5/6 https://www.mhc.tn.gov.in/judis W.P.No.17760 of 2022
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.
4.Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.
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