M/S.Pharmazell India Pvt. Ltd vs The Superintending Engineer - ...
2023 Latest Caselaw 10397 Mad

                                                                                  WA No.2067 of 2023

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED:    14.08.2023

                                                             CORAM

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                               AND
                                        THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

                                                    WA No.2067 of 2023
                                                 and CMP No.17625 of 2023

                     M/s.Pharmazell India Pvt. Ltd.,
                     HTSC No.369, Plot No.B5-B6,
                     3rd Main Road, Phase III, MEPZ,
                     Tambaram, Chennai 600 045.                                   .. Appellant
                                                               -vs-

                     1. The Superintending Engineer - Operation,
                        Appellate Authority, TANTRANSCO,
                        A-10, Thiru Vi Ka Industrial Estate,
                        Guindy, Chennai 600 032.

                     2. The Assistant Executive Engineer- O&M,
                        CEDC/South II, TANGEDCO,
                        Kadaperry, Chennai.                                       .. Respondents


                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent
                     against the order dated 20.06.2023 in W.M.P.No.17021 of 2023 in
                     W.P.No.17899 of 2023 on the file of this Court.

                                  For the Appellant      :       Mrs.AL.Gandhimathi
                                                                 Senior Counsel
                                                                 for Mr.L.Palani Muthu

                                                             *****


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               WA No.2067 of 2023



                                                         JUDGMENT

(Made by the Hon'ble Chief Justice)

We have heard Mrs.AL.Gandhimathi, learned Senior Counsel,

for the appellant.

2. The present appeal is filed against the interim order passed

by the learned Single Judge. The learned Single Judge granted stay

on condition that the appellant deposits Rs.20,00,000/- (Rupees

twenty lakhs only).

3. The learned Senior Counsel for the appellant submits that

the appellant has already deposited 50% of the charges claimed. The

total charges claimed is Rs.1,01,41,205/- (Rupees one crore one lakh

forty one thousand two hundred and five only). The proceedings

were remitted back and now, again in a fresh round of litigation, the

appellant is directed to deposit Rs.20,00,000/-.

https://www.mhc.tn.gov.in/judis WA No.2067 of 2023

4. The appellant has been granted benefit of interim stay on

condition of deposit of Rs.20,00,000/-. The appellant had deposited

50% of the amount in the year 2017. The learned Single Judge has

exercised his discretion. The discretion exercised is not arbitrary or

unreasonable. In light of that, we are not inclined to interfere in the

appellate jurisdiction.

The writ appeal as such is disposed of. There will be no order

as to costs. Consequently, connected miscellaneous petition is closed.

                                                           (S.V.G., CJ.)           (P.D.A., J.)
                                                                        14.08.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No
                     sra

                     To

1. The Superintending Engineer - Operation, Appellate Authority, TANTRANSCO, A-10, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.

2. The Assistant Executive Engineer- O&M, CEDC/South II, TANGEDCO, Kadaperry, Chennai.

https://www.mhc.tn.gov.in/judis WA No.2067 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra)

WA No.2067 of 2023

14.08.2023

https://www.mhc.tn.gov.in/judis