VISHNUVARDHAN PAPER MILLS (P) LIMITED, PALANI ROAD, SWAMINATHAPURAM Vs. TAMIL NADU ELECTRICITY BOARD, REP BY ITS CHAIRMAN

JUDGEMENT

(1.) The writ petitioner is the appellant. The appellant concern made a challenge to the impugned letter of the 3rd respondent, dated 29.10.2011, in and by which their request for additional demand of 2000 KVA over and above exceeding demand of 1000 KVA came to be rejected by stating the reason that the litigations filed by the sister concerns viz., Rajalakshmi Papers, Amaravathi Sri Venkatesa Paper Mills and V.G.Paper & Boards (P) Ltd. are pending with regard to the withdrawal of optimum demand and they have not paid arrears amount noted against them so far.

(2.) During the pendency of the writ appeal, in M.P.(MD).No.2 of 2011, this Court, vide order dated 30.11.2011, had directed the appellant to deposit a sum of Rs.55,72,794/-, in any one of the nationalised banks towards liability of the above said sister concerns within a stipulated time and on such deposit, the third respondent was permitted to withdraw 25% of the said amount and the balance amount was directed to be deposited in the nationalised bank initially for a period of three years and thereafter, it shall be renewable from time to time. It is also made clear in that order that subject to the out come of the writ appeal, on withdrawal of 25% of the amount, the third respondent was directed to give additional load within a period of seven days from the date of withdrawal.

(3.) According to the learned counsel appearing for the appellant, the said interim order has been complied with. Now, he is having the benefit of additional load. It is also brought to the notice of this Court by the learned counsel for the appellant that the only reason assigned in the impugned letter of the third respondent, dated 29.10.2011, is that the three sister concerns have not paid the arrears of amount noted against them, on account of challenge made to the withdrawal of optimum limit. But, the writ petitions in W.P.Nos.11069 to 11071 of 2011 filed by the sister concerns, in that regard, came to be allowed, along with the other writ petitions, vide common order, dated 11.10.2012 in W.P.No.11069 to 11074, etc. batch and no appeals have been filed and therefore, the said order has become final. In the light of the said development, the impugned letter of the third respondent is liable to be quashed. He would further add that in the event of the writ petition being allowed, the appellant may be permitted to withdraw 75% of the deposited amount with accrued interest and in respect of 25% of the amount that has already been withdrawn by the third respondent, it may be adjusted towards the future demand to be raised against the appellant concern.