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2014 DIGILAW 799 (MAD)

A. R. Metallurgicals (P) Limited v. Chairman-cum-Managing Director

2014-04-01

C.S.KARNAN

body2014
Judgment : 1. Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents. 2. The learned counsel appearing for the petitioner submitted that the petitioner is an industry involved in the manufacture of Steel ingots etc. and having High Tension Electricity Service Connection in H.T.Sc.No.155, comes under the control of the 3rd Respondent. Due to frequent power shutdown and the power consumption was disproportionately higher than the production of the ingots the petitioner industry was not in a position to pay the consumption charges from the month of September 2013. Consequently, the electricity service connection was disconnected in the month of October 2013. As per the regulations contained in the Tamil Nadu Electricity Supply code, the facility of payment in installments will be made available to the consumer on request. Accordingly, the petitioner made a representation dated 04.12.2013 to the 3rd respondent to pay the consumption arrears along with belated payment surcharge. Since the representation was not considered, the petitioner filed this writ petition for direction to the 3rd respondent to permit the petitioner industry having H.T.S.C.No.155 to pay the Electricity Consumption arrears for the months of September, October, November and December 2013 in six monthly installments along with the regular consumption charges and to restore supply on payment of 1st installment. He also relied upon the judgment of this Court in W.P.No.5566 of 2014 dated 25.03.2014. 3. The learned counsel appearing for the petitioner further submitted that the petitioner may be directed to be paid 50% of the Electricity Consumption arrears to the respondents within the time frame and thereafter the balance amount may be directed to be paid in four equated monthly installments. 4. The learned counsel appearing for the respondents strongly objected that there is no provision to pay the Electricity Consumption arrears on monthly installments. He further submitted that the petitioner industry has not come under the deserve category. Therefore, the writ petition is liable to be dismissed. 5. Considering the submissions of both sides counsel and the above said facts and circumstances of the case, the petitioner is directed to pay 50% of the total arrears for the months of September, October, November and December 2013,within a period of three weeks from the date of receipt of a copy of this order and on such payment, the power supply shall be restored. The balance amount shall be paid in four equated monthly installments. The first such installment shall be paid on or before 31st May 2014. The petitioner shall continue to pay the monthly current consumption charges apart from the above said installments. If the petitioner commits default in making anyone of such payments (installments and current consumption charges) the entire balance amount will become due and the respondents are at liberty to disconnect the service connection without notice. The petitioner shall file an undertaking affidavit before this court undertaking to comply with the above said conditions and also an undertaking that no further request will be made by the petitioner seeking further installments and also undertaking that no fresh writ petition will be filed in respect of the above said amounts. 6. With above direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.