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2021 Supreme(Mad) 819

P.T.ASHA
TULSYAN NEC Limited, Rep by its Managing Director, Sanjay Tulsyan – Appellant
Versus
Chairman, Tamil Nadu Electricity Board, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.R.L. Sundaresan, Senior Counsel, Kandavadivel, Advocate.
For the Respondent:P.H. Aravind Pandian, AAG assisted by V. Viswanathan, Advocate.

JUDGMENT :

(Prayer: Suit is filed under Order VII, Rule 1 of Civil Procedure Code r/w Order II Rule 2 of the Original Side Rules

(a) for a declaration declaring the demand notice issued by the 3rd defendant by letter No.ACE/CEDC/W/AEE/GL/AE2/F Doc.HTSC 1111/D209/2004 dated 18.02.2004 as illegal, unconstitutional, inoperative.

(b) for a consequential decree for injunction restraining the defendants herein or their men, agents, subordinates, or anyone acting under them from recovering the sum of Rs.3,79,03,901/- from the plaintiff as penalty.

(c) for costs of this suit.

(d) for such further or other reliefs as this Hon’ble Court may deem fit and proper and render justice.) 1. The above suit is filed for a declaration that the demand notice issued by the 3rd defendant by their letter dated 18.02.2004 is illegal, unconstitutional, inoperative and for a consequential injunction restraining the defendants, their men, agents, subordinates, or anyone acting under them from recovering a sum of Rs.3,79,03,901/- from the plaintiff as penalty.

2. Plaintiff’s case:

2.1. The plaintiff would submit that they are a private limited company established as early as in the year 1963. The plaintiff company wa

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