Sei Adhavan Power Private Limited vs Mrs.K.Malarvizhi
2024 Latest Caselaw 14910 Mad

Madras High Court

Sei Adhavan Power Private Limited vs Mrs.K.Malarvizhi on 1 August, 2024

Author: S.M. Subramaniam

Bench: S.M.Subramaniam

                                                                     CONT.P.No.1856 of 2024



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 01.08.2024

                                                  CORAM :

                            THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM

                                                    AND

                                  THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

                                            CONT.P.No.1856 of 2024

                SEI Adhavan Power Private Limited,
                Having it's registered office at
                Flat No.6J, Century Plaza, 560-562,
                Anna Salai, Teynampet,
                Chennai-600 018.
                Represented by its Authorised Signatory
                PVN Suryanarayana Rao
                                                                            ... Petitioner
                                                       Vs.
                1. Mrs.K.Malarvizhi,
                   Director Finance (Ex officio)
                   The Tamil Nadu Generation and
                   Distribution Corporation Limited,
                   (TANGEDCO)
                   No.144, Anna Salai,
                   Chennai-600 002.

                2. Mr.Vinodhan
                   The Tamil Nadu Generation and
                    Distribution Corporation Limited
                   (TANGEDCO)
                   144 Anna Salai, Chennai-600 002.


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                                                                                 CONT.P.No.1856 of 2024



                3. ER CV Latha
                   The Superintending Engineer (Ex officio)
                   The Tamil Nadu Generation and
                   Distribution Corporation Limited,
                   (TANGEDCO)
                   Virudhunagar Electricity Distribution Circle,
                   Virudhunagar, Tamil Nadu.
                                                                                     ... Respondents

                Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts
                Act, 1971 to punish the respondents for disobeying the judgment of this
                Hon'ble Court dated 22.12.2023 in WA.No.1551 of 2022.


                                  For Petitioner     : Mr.Aditya Narayanan
                                                       for Ms.B.Devadharshini
                                                           ******

                                                        ORDER

(Order of the Court was made by Hon'ble Mr.Justice S.M.SUBRAMANIAM)

The learned counsel for the contempt petitioner furnished the copy

of the order passed by the Hon'ble Supreme Court of India made in SLP

(Civil) Diary No.15069 of 2024 dated 09.07.2024. The Apex Court passed

the following orders:-

“1. Delay condoned.

2. In the facts and circumstances of this case and having

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considered the judgments of the High Court on merits, we do not find any reason to interfere in these proceedings. However, we leave open the question as to whether the High Court should in such cases exercise its writ jurisdiction under Article 226 of the Constitution in the presence of an alternate remedy under the Electricity Act.

3. Keeping open the point to be urged before the High Court in an appropriate case, we dispose of the Special Leave Petitions.

4. Time for making the payment in compliance of the impugned order shall stand extended until 31.08.2024.

5. Pending applications, if any, stand disposed of.”

2. The Apex Court has not admitted the appeal filed by

TANGEDCO. However, time for making payment in compliance of the

impugned order was extended until 31.08.2024.

3. In view of the said order of the Apex Court, no further

adjudication needs to be undertaken. Consequently, the Contempt Petition

stands closed. No costs.

                                                                   [S.M.S., J.]      [C.K., J.]
                                                                            01.08.2024
                kmi

                Index   : Yes/No
                Speaking order : Yes/No
                NCC : Yes/No

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S.M. SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

kmi

01.08.2024

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