Amsam Spinning Mills (P) Ltd v. The Superintending Engineer, Gobi Electricity Distribution Circle, Gobichettipalayam, Erode District
2009-12-22
K.VENKATARAMAN
body2009
DigiLaw.ai
Judgment By consent of both parties, the writ petition is taken up for final disposal. 2. The petitioner has come forward with the present writ petition, praying for a mandamus directing the respondent to return and surrender the original Bank Guarantee for a sum of Rs.8,01,036/-given by the petitioner towards tariff concession dated 23. 2008 with the Chief Manager, Indian Overseas Bank, Punjai Puliampatti Branch so as to enable him to cancel and get back the amount. 3. The question that arises for consideration in this Writ Petition is whether the action of the respondent in withholding and refusing to surrender the Bank Guarantee given by the petitioner, in pursuance of the issue relating to the tariff concession, even after the disposal of the Writ Petition in W.P.No.18303 of 2008, dated 29. 2008, pursuant to the directions of the Honble Apex Court. 4. The said Writ Petition was disposed of along with batch of Writ Petitions by an order dated 29. 2008. It was the consent order passed by this Court. It would be useful to extract the order made thereunder: "1. By consent of the learned counsel on either side, the below mentioned order is passed: "The petitioners in the above said Writ Petitions claim to have satisfied paragraph No.45 of the order dated 15. 2008 passed by the Honble Supreme Court in SLP.Nos.3940 of 2008, etc. batch, regarding commencement of commercial production before 12. 1997 by use of generators. Hence, the respondents are directed to extend the tariff concession sought for by the petitioners, within a period of four weeks from the date of receipt of a copy of this order, however subject to the production of the evidence of use of generators and commencement of Commercial Production before 12. 1997." 2. With the above directions, these writ petitions are disposed of. No costs. Consequently, the connected M.Ps.are closed." 5. In view of the said order, the petitioner had approached the respondent to return and surrender the Original Bank Guarantee offered by him. However, citing that review was filed against the said order made in W.P.No.18303 of 2008, the respondent refused to return and surrender the Original Bank Guarantee. The Review Application was filed with an application to condone the delay and the same was dismissed by this Court.
However, citing that review was filed against the said order made in W.P.No.18303 of 2008, the respondent refused to return and surrender the Original Bank Guarantee. The Review Application was filed with an application to condone the delay and the same was dismissed by this Court. In view of the same, the respondent has to return and surrender the Original Bank Guarantee offered by the petitioner. Moreover the order made in W.P.No.18303 of 2008, dated 29. 2008 was made by consent. 6. In view of the above stated position, this Writ Petition stands allowed. No costs.