Madras High Court
Tamil Nadu General And ... vs Tcp Limited on 3 January, 2023
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
1.Tamil Nadu General and Distribution
Corporation Ltd., (TANGEDCO),
th
10 Floor, 144, Anna Salai, Chennai-600 002
rep. 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,
Palladam Electriity Distribution Circle,
Palladam.
4.The Director Finance,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
144, Anna Salai,
Chennai-600 002. .. Petitioners/
Appellants
Vs
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https://www.mhc.tn.gov.in/judis
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
TCP Limited,
Sapthagiri Bhavan,
No.4 (Old No.10) Karpagamabal Nagar,
Mylapore, Chennai-600 004
rep. by its General Manager (Works)
R.Ganesh .. Respondent/
Respondent
Prayer: C.M.P.Nos.2, 3 and 7 of 2023 filed under Section 5 of the
Limitation Act to condone the delay of 237, 252 and 258 days in filing
the writ appeal against the orders dated 7.3.2022, 25.3.2022 and
28.3.2022 passed in W.P.Nos.4933, 6977 and 6938 of 2022
respectively.
Writ Appeals SR filed under Clause 15 of the Letters Patent against the
orders dated 7.3.2022, 25.3.2022 and 28.3.2022 passed in
W.P.Nos.4933, 6977 and 6938 of 2022 respectively.
For the Petitioners/ : Mr.P.S.Raman
Appellants Senior Counsel
for Mr.D.R.Arun Kumar
For the Respondent/ : Mr.R.S.Pandiyaraj
Respondent
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https://www.mhc.tn.gov.in/judis
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
COMMON JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
These civil miscellaneous petitions have been filed by the Tamil
Nadu Generation and Distribution Corporation Limited (TANGEDCO) to
condone the delay of 237, 252 and 258 days in filing the writ appeals
against the orders dated 7.3.2022, 25.3.2022 and 28.3.2022 passed
by the learned Single Judge in W.P.Nos.4933, 6977 and 6938 of 2022
respectively.
2. Mr.P.S.Raman, learned Senior Counsel appearing for the
petitioners/appellants submitted that the impugned orders of the
learned Single Judge passed in the writ petitions are patently
unsustainable, in view of the Electricity (Late Payment Surcharge and
Related Matters) Rules, 2022 (for short, “the said Rules”) notified by
the Ministry of Power. Rules 3 and 5 of the said Rules enable the
petitioners/appellants to make the payment of arrears to the
respondent along with late payment surcharge from the date of
default. The said Rules are retrospective in nature and applicable for
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https://www.mhc.tn.gov.in/judis
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
all the cases irrespective of the dates of default. Therefore, the
impugned orders of the learned Single Judge are liable to go.
3. Learned Senior Counsel further submitted that since the said
Rules were notified on 3.6.2022, after passing of the impugned orders
dated 7.3.2022, 25.3.2022 and 28.3.2022 in W.P.Nos.4933, 6977 and
6938 of 2022 by the learned Single Judge, the petitioners/appellants
have been advised to file writ appeals.
4. Coming to the cause of the delay, learned Senior Counsel for
the petitioners/appellants submitted that in the course of obtaining
legal opinion for filing writ appeals, the delay had occurred, which is
neither willful nor wanton, but due to bona fide reasons mentioned in
the affidavits filed in support of the petitions.
5. Learned counsel appearing for the respondent heavily
opposed the prayer to condone the delay and submitted that the delay
of 237, 252 and 258 days in filing the writ appeals against the orders
dated 7.3.2022, 25.3.2022 and 28.3.2022 passed in W.P.Nos.4933,
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https://www.mhc.tn.gov.in/judis
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
6977 and 6938 of 2022 has not been sufficiently explained by the
petitioners/appellants. Secondly, the learned Single Judge, in the
impugned orders, has followed the similar order dated 30.8.2019
passed in W.P.No.5196 of 2019 etc., which was affirmed by a Division
Bench of this Court in its judgment dated 18.2.2020 in W.A.No.4189 of
2019, which has also been confirmed by the Apex Court vide order
dated 24.9.2020 in S.L.P.Nos.8513-8518 of 2020. Therefore, there is
no bona fide in filing the petitions to condone the delay and there is no
merit in the writ appeals. Thus, a prayer has been made to dismiss
the delay condonation petitions as well as the writ appeals.
6. We have considered the rival submissions and also perused
the materials available on record.
7. Since the impugned orders dated 7.3.2022, 25.3.2022 and
28.3.2022 passed in W.P.Nos.4933, 6977 and 6938 of 2022
respectively were based on the order dated 30.8.2019 passed in
W.P.No.5196 of 2019 etc., which was affirmed by the Division Bench of
this Court in W.A.No.4189 of 2019 dated 18.2.2020 and further
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C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
confirmed by the Apex Court in its order dated 24.9.2020 passed in
S.L.P.Nos.8513-8518 of 2020, on merits, the present writ appeals
cannot be sustained. In addition thereto, we are unable to see any
sufficient cause for condoning the delay of 237, 252 and 258 days in
filing the writ appeals.
8. For the foregoing reasons, the civil miscellaneous petitions
are dismissed. Consequently, W.A.Nos. SR 146614, 146615 and
146613 of 2022 are rejected. However, it is open to the
petitioners/appellants to workout their remedy in the manner
known to law. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
03.01.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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https://www.mhc.tn.gov.in/judis
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615 and 146613 of 2022
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
(bbr)
C.M.P.Nos.2, 3 and 7 of 2023
and W.A.Nos. SR 146614, 146615
and 146613 of 2022
03.01.2023
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https://www.mhc.tn.gov.in/judis
