Research › Search › Judgment

Madras High Court · body

2023 DAILYLAW 5287 (MAD)

M/S. MORRIES ENERGY LTD. v. TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD.

WP/32510/2023 · 2026-07-10

Mohammed Shaffiq

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 32510 of 2023 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 32510 of 2023 M/s.Morries Energy Ltd. (formerly known as M/s. Gujarat Gems P Ltd), WF HTSC No. E- 824 (New No. 039304320293) 425/A, Raut Industrial Estate, 1st Floor, Behind Johnson & Johnson Mogul Lane, Mahim (W), Mumbai 400 016 , Repd. by its Director Mrs. Savita Jain ..Petitioner(s) Vs 1. Tamil Nadu Generation And Distribution Corporation Ltd. (TANGEDCO), 10th Floor, 144 Anna Salai, Chennai 02, Rep. By Its Chairman Cum Managing Director. 2. The Chief Engineer, NCES, TANGEDCO, 2nd Floor, 144 Anna Salai, Chennai 02. 3. The Superintending Engineer TANGEDCO, Coimbatore Electricity Distribution Circle/ South, Coimbatore. ..Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order of the 2nd respondent bearing Lr.No.009145/L13/F.M/s. Morries Energy Ltd/ D.No.857/2023 dated 14.09.2023 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents to allow the Utility Change to the Petitioner by terminating the existing Energy Purchase Agreement dated 30.09.2011 for their WEG NO.039304320293 and execute fresh Energy Wheeling Agreement under 3rd party sale. https://www.mhc.tn.gov.in/judis WP No. 32510 of 2023 __________ Page2 of 4 For Petitioner(s): Mr.Jayesh B.Dolia, Senior Counsel for M/s.Aiyar and Dolia For Respondent(s): Mr.P.V.Balasubraanian, AAG, assisted by Mr.D.R.Arunkumar Standing Counsel Order This Writ Petition has been filed challenging the impugned order passed by the second respondent dated 14.09.2023 and seeking a direction to the respondents to allow the Utility Change to the Petitioner by terminating the existing Energy Purchase Agreement dated 30.09.2011 for their WEG NO.039304320293 and execute fresh Energy Wheeling Agreement under 3rd party sale. 2. Pursuant to the direction of this Court dated 01.07.2026, respondents 2 and 3 appeared before this Court. Their presence is hereby recorded. 3. Learned Additional Advocate General appearing for the respondents would submit that there are three aspects in the present Writ Petition viz., a) Default of payment in respect of electricity supply, learned Additional Advocate General would submit that the same has already been discharged. b) Interest component claimed by the petitioner, was rejected. If at all the petitioner is aggrieved, the petitioner can work out his remedy in the manner known to law. https://www.mhc.tn.gov.in/judis WP No. 32510 of 2023 __________ Page3 of 4 c) Petitioner had also sought for permission to terminate the existing energy purchase agreement and migrate to energy wheeling agreement with third parties. 4. The petitioner already submitted an application on 14.08.2023 seeking migration from energy purchase agreement to energy wheeling agreement. The same has been considered and the impugned order has been passed by the second respondent stating that the request of the petitioner is not feasible. 5. In such circumstances, it is open to the petitioner to submit a fresh application/ representation to the respondents seeking migration from energy purchase agreement to energy wheeling agreement. If such application is being made, the respondents are directed to consider the same and pass appropriate orders within a period of two weeks from the date of receipt of such application. Agreed to by learned counsels for both sides. 6. With the above observations, this Writ Petition is disposed of and the impugned order dated 14.09.2023 is set aside. No costs. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSK https://www.mhc.tn.gov.in/judis WP No. 32510 of 2023 __________ Page4 of 4 MOHAMMED SHAFFIQ J. GSK To 1. Tamilnadu Generation And Distribution Corporation Ltd. (tangedco), 10th Floor, 144 Anna Salai, Chennai 02, Rep. By Its Chairman Cum Managing Director 2. The Chief Engineer Nces Tangedco, 2nd Floor, 144 Anna Salai, Chennai 02 3. The Superintending Engineer Tangedco, Coimbatore Electricity Distribution Circle/ South, Coimbatore WP No. 32510 of 2023 10-07-2026 https://www.mhc.tn.gov.in/judis