CHIEF ENGINEER Vs. BEST COTTON MILLS, DHARMAPURI

JUDGEMENT

(1.) THE present writ appeal is filed against the order dated dated 06.07.2011 made in W.P.No.4142 of 2011.

(2.) LEARNED counsel appearing for the respondent submitted that during the pendency of the writ appeal, the respondent has paid the amount of Rs.62,30,286/ - under protest and a letter for paying the said amount remitted by the respondent dated 07.02.2013, is also produced before us.

(3.) APPLYING the said decision to the facts of this case, the writ appeal is dismissed. If the amount is paid already by the respondent, there may not be any impediment to consider the application for additional load in accordance with the direction given by the learned Single Judge. Even if the amount is not paid by the respondent, the appellants cannot deny consideration of providing additional load on that ground. However, it is made clear that if any amount is payable to the Electricity Board, which is under challenge, the respondent is directed to give an undertaking before the appropriate Officer stating that in case, if the challenge made by the appellants is ultimately decided against the respondent, the amount so payable will be paid.