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2012 DIGILAW 644 (MAD)

Rajshree Sugars and Chemicals Ltd. v. Tamil Nadu Electricity Board, rep. By its Chief engineer/NCES

2012-02-07

R.SUDHAKAR

body2012
Judgment :- 1. This writ petition is filed to call for the records pertaining to the letter bearing No.CE/NCES/EE/C/A1/F.Audit/C./D.509/2001, DATED 27.12.2001 issued by the first respondent and the consquential demand made by the 3rd respondent in the bill for the month of July 2002 only insofar as the claim for the difference between recorded and sanctioned demand is concerned and direct the respondents to charge the petitioner only on the basis of recorded demand pursuant to the agreement dated 11.8.2011. 2. The petitioner and the respondents-Board are covered by an agreement dated 11.8.2000 for power purchase and in that, a dispute has arisen as to the applicability of tariff rate and for modification of power purchase agreement. Clause 11 of the agreement provides for resolution of the dispute by referring the matter to the Chief Electrical Engineer. Clause 11 of the agreement reads as follows:- "Any difference or dispute between parties in relation to supply of power or payment of disputed bills or any matter reading arising out of or in connection with the arrangement which cannot be mutually resolved shall be referred to Chief Electrical Inspector to Government, whose decision shall be final and binding on both the parties." 3. Accordingly, the petitioner and the Board are directed to approach Chief Electrical Engineer for appropriate relief and till such time the matter is resolved by the Chief Electrical Engineer, the interim order passed by this Court shall continue. This writ petition is disposed of accordingly. No costs.