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2009 DIGILAW 2066 (MAD)

Indus Steels and Alloys Limited, rep. By its Manager, S. Srikanth v. The Superintending Engineer, Tamil Nadu Electricity Board, Dharmapuri Electricity Distribution Circle, Dharmapuri

2009-07-03

D.MURUGESAN, K.VENKATARAMAN

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Judgment :- D.MURUGESAN, J. The matter pertains to the non-payment of arrears of electricity consumption charges by the appellant. 2. On a challenge to the demand dated 26. 2009 for a balance of arrears of Rs.7,13,859/- and a further sum of Rs.15,44,907/-, the appellant had approached this Court and sought for stay of the said order. The learned Judge, while granting interim stay, imposed a condition for payment of 75% of the amount demanded by the impugned notice within a period of one week from the date of the order, viz., 30.6.2009. Aggrieved by the said order, the present appeal is filed. 3. We have heard Mr.Pandiyaraj, learned counsel appearing for the appellant and Mr.P.Srinivas, learned counsel appearing for the electricity board. 4. The unit is admittedly before the B.I.F.R. The learned counsel for the appellant also puts the same on the ground of hardship. In view of the fact that the unit is before B.I.F.R., but he is willing to pay the arrears of electricity consumption charges and other amounts demanded under the impugned notice in instalments, apart from making current consumption charges, we are inclined to modify the order of the learned Judge by directing the appellant to pay 50% of the amount demanded under the impugned notice by twelve equal monthly instalments, the first instalment commencing from 5th of August, 2009. The appellant shall also continue to pay the current electricity consumption charges. In the event, the appellant fails to comply with the condition for payment of instalments, the electricity board is at liberty to take further action in accordance with law. 5. With the above directions, the writ appeal is disposed of. No costs. Consequently, connected M.Ps. are closed.