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2010 DIGILAW 2137 (MAD)

Akshaya Textiles Limited v. The Tamil Nadu Electricity Board rep. by its Chairman & Another

2010-05-02

M.JAICHANDREN

body2010
Judgment :- At this stage of the hearing of the petitioner, the learned counsel appearing on behalf of the petitioner had submitted that the petitioners Mill is a sick industry declared as such by the Board for Industrial and Financial Reconstruction (B.I.F.R.) and it is under a rehabilitation scheme. He had also submitted that there are nearly 500 employees, who are engaged in the petitioners spinning mill. If the Electricity supply is not restored by the respondent Tamil Nadu Electricity Board, the petitioner mill cannot be rehabilitated, as per the direction issued by the Board for Industrial and Financial Reconstruction (B.I.F.R.). The employees of the petitioner mill and their families would also suffer. 2. The learned counsel appearing for the petitioner had submitted that the entire amount of Rs.51,50,217/-, due to the respondent Tamil Nadu Electricity Board, including the electricity tax, which is subjudice before the first Bench of this Court, would be paid by the petitioner in equated monthly installments. 3. It is also submitted that the petitioner would pay a sum of Rs.5 lakhs, within a week from today and the balance amount of Rs.46,50,217/-would be paid in equated monthly installments, within twenty months, along with the regular monthly consumption charges. 4. In view of the submissions made by the learned counsel appearing on behalf of the petitioner and in view of the earlier orders passed by this Court in similar circumstances, including an order, dated 21.11.2006, made in W.P.No.44959 of 2006 and in view of the direction issued by the Board for Industrial and Financial Reconstruction (B.I.F.R.) for the rehabilitation of the petitioner, the second respondent is directed to restore the power supply to the petitioner mill, on the petitioner paying the sum of Rs.5 lakhs, as the initial amount. The balance amount of Rs.46,50,217/-shall be paid by the petitioner mill on twenty equated monthly installments, along with the current consumption charges, as levied by the respondent Tamil Nadu Electricity Board. 5. However, it is made clear that if the petitioner mill fails to pay any one of the installments, it would be open to the respondent Tamil Nadu Electricity Board to disconnect the electricity supply to the petitioner mill, as per law. The equated monthly installments shall be paid by the petitioner mill, on or before the 5th of every month. The first of such installments shall commence, on or before the 5th of March, 2010. The equated monthly installments shall be paid by the petitioner mill, on or before the 5th of every month. The first of such installments shall commence, on or before the 5th of March, 2010. The initial amount Rs.5 lakhs shall be paid by the petitioner mill to the second respondent, within seven days from the date of receipt of a copy of this order. The writ petition is disposed of with the above directions. No costs.