TULSYAN NEC LTD Vs. CHAIRMAN

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents. It has been stated that the petitioner Industry is a Continuous Process Industry, involved in the manufacture of steel rods and other such items, having high tension electricity supply, in H.T. SC No. 1823. The petitioner Industry has been sanctioned high tension supply of 4,200 K.V.A. by the second respondent, after having complied with all the necessary formalities. The petitioner Industry has been providing employment for about three hundred persons.

(2.) The petitioner Industry had been established with the loan of 50 crores, borrowed from various Banks and Private Financial Institutions. The petitioner Industry had applied for the Additional Demand of 4,000 K.V.A. on 9.1.2012, over and above the existing sanctioned demand of 4,200 K.V.A. The petitioner Industry had also paid a sum of Rs. 32,500/- towards the registration fees and the earnest money deposit. However, after having received the said amount, the second respondent had issued the impugned letter, dated 30.8.2012, stating that the request for additional demand of 4,000 K.V.A. would be considered, only after the realisation of the outstanding arrears due to the Tamil Nadu Generation and Distribution Corporation Limited, relating to H.T. SC No. 1771. The second respondent had claimed a sum of Rs. 39,82,403/-towards quota arrears and E-Tax arrears. He had further informed that only on payment of the Quota arrears and the E-Tax arrears, further processing of the request of the petitioner Industry, for additional demand, would be considered.

(3.) It had been further stated that the arrears mentioned in the impugned letter of the second respondent relate to Quota arrears and Electricity Tax arrears. With regard to the Quota arrears, this Court had been pleased to grant an order of interim stay in the miscellaneous petition filed, in M.P. No. 1 of 2010, in W.P. No. 23593 of 2010, on condition that the petitioner should pay 50% of the impugned demand.