Madras High Court
M/S. Himachal Aluminum And ... vs The Chairman & Managing Director on 8 June, 2023
W.A.No.1389 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1389 of 2021
M/s. Himachal Aluminum and Conductors
A Partnership Firm
Rep. by its Partner Sharada Mahjan
GT Road, VPO Mohti (Near Pathankot)
Kangra District
Himachal Pradesh 176 404. .. Appellant
Vs.
1. The Chairman & Managing Director
Tamil Nadu Generation and Distribution
Corporation Limited
6th Floor, Western Wing
NPKRR Maaligai
144, Anna Salai
Chennai 2.
2. The Superintending Engineer
Tamil Nadu Electricity Board
6th Floor, Western Wing
NPKRR Maaligai, 144, Anna Salai
Chennai 2.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.1389 of 2021
3. The Chief Manager
Materials Management
6th Floor, Western Wing
NPKRR Maaligai, 144, Anna Salai
Chennai 2. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 21.11.2019 made in W.P.No.8911 of 2014.
For the Appellant : Mr.Leelesh Sundaram
For M/s. Nathan and Associates
For the Respondents : Mr.D.R.Arunkumar
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.Leelesh Sundaram, learned counsel for the appellant
and Mr.D.R.Arunkumar, learned counsel for the respondents.
2. Learned counsel for the appellant submits that under a
misconception, the proceedings were filed before the learned Single
Judge by way of a writ petition bearing No.8911 of 2014. In fact,
the appellant ought to have approached the authority under the
MSME Act.
https://www.mhc.tn.gov.in/judis
W.A.No.1389 of 2021
3. Learned counsel for the appellant, on instructions, seeks
leave to withdraw the writ petition filed before the learned Single
Judge.
4. Learned counsel for the respondents opposes the request
made by the appellant and submits that the appellant had filed the
writ petition and has suffered adjudication before the learned Single
Judge of this court and now cannot be allowed to withdraw the
proceedings.
5. The appellant appears to be a small scale industry. The
dispute between the parties is arising out of a commercial contract.
In a writ petition, the Court, under Article 226 of the Constitution,
would not go into the disputed questions of fact. On the one hand,
the respondents contend breach of contract on the part of the
appellant and on the other hand, the appellant contends non-
performance of covenants on the part of the respondents. Disputed
questions of fact exist. It cannot be properly decided in the writ
petition or in the writ appeal.
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W.A.No.1389 of 2021
6. In the light of the aforesaid facts, we are inclined to
consider the request of the appellant. The appellant is allowed to
withdraw W.P.No.8911 of 2014. Inter alia, the order passed by the
learned Single Judge of this Court dated 21.11.2019 in W.P.No.8911
of 2014 would also not survive.
7. W.P.No.8911 of 2014, as such, stands dismissed as
withdrawn, with liberty to the appellant to avail appropriate remedy
as is permissible under law. In that event, all the contentions of the
appellant as well as the respondents are kept open. Inter alia, the
present appeal also stands disposed of. There will be no order as to
costs. Consequently, CMP No.8622 of 2021 is also disposed of.
(S.V.G., CJ.) (P.D.A., J.)
08.06.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
https://www.mhc.tn.gov.in/judis
W.A.No.1389 of 2021
To
1. The Chairman & Managing Director
Tamil Nadu Generation and Distribution
Corporation Limited
6th Floor, Western Wing
NPKRR Maaligai
144, Anna Salai
Chennai 2.
2. The Superintending Engineer
Tamil Nadu Electricity Board
6th Floor, Western Wing
NPKRR Maaligai, 144, Anna Salai
Chennai 2.
3. The Chief Manager
Materials Management
6th Floor, Western Wing
NPKRR Maaligai, 144, Anna Salai
Chennai 2.
https://www.mhc.tn.gov.in/judis
W.A.No.1389 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.1389 of 2021
08.06.2023
https://www.mhc.tn.gov.in/judis
