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2025 DIGILAW 348 (SC)

TAMIL NADU ELECTRICITY GENERAL AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO) v. SAK INDUSTRIES PRIVATE LIMITED

2025-01-21

K.V.VISWANATHAN, SANJAY KUMAR, SANJIV KHANNA

body2025
ORDER : 1. Leave granted. 2. The facts of the case are rather peculiar, as appellant no. 1, The Tamil Nadu Electricity General and Distribution Corporation Limited, 1 [For short, “TANGEDCO”] is contesting the concession given by its standing counsel in the High Court, pursuant to which respondent no. 1, M/s. SAK Industries Private Limited, had offered payment of Rs.97,17,223/- (Rupees ninety seven lakhs seventeen thousand two hundred and twenty three only) towards arrears of electricity charges. 3. Respondent no. 1, M/s. SAK Industries Private Limited, is an auction purchaser and the electricity dues mentioned above were attributable to the erstwhile owner. 4. The primary issue is regarding the Belated Payment Surcharge 2 [For short, “BPSC”]. It may be relevant to note that the Tamil Nadu Electricity Regulatory Commission had, by order dated 06.01.2016, approved the scheme of TANGEDCO for waiver of BPSC. However, the BPSC was valid for a period of six months from 07.01.2016 till 07.07.2016. The case of respondent no. 1, M/s. SAK Industries Private Limited, may not strictly fall under the said order dated 06.01.2016, as the undertaking to pay was offered by it belatedly. The actual payment was offered much later, pursuant to the order passed by the High Court. Nevertheless, the payment was offered by it towards the principal amount. 5. Keeping in view the peculiar facts of the present case, we are inclined to exercise our jurisdiction under Article 142 of the Constitution of India. We direct that respondent no. 1, M/s. SAK Industries Private Limited, shall pay Rs.97,17,223/- (Rupees ninety seven lakhs seventeen thousand two hundred and twenty three only) plus Rs.1,00,00,000/- (Rupees one crore only) and on payment of Rs.1,97,17,223/- (Rupees One crore ninety seven lakhs seventeen thousand two hundred twenty three only), the arrears and BPSC will be treated as paid in full and final. 6. The aforesaid payment will be made within three weeks from the date of this order. 7. On completion of necessary formalities, the electricity connection will be installed within a period of ten days after the payment is received by TANGEDCO. 8. The impugned judgment is set aside, and the appeal is allowed and disposed of in the above terms. 9. Pending application(s), if any, shall stand disposed of.