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2021 Supreme(Mad) 2309

S.M.SUBRAMANIAM
N. Shajahan Engg. Works and EB Contractor – Appellant
Versus
Chief Engineering/Distribution, TANGEDCO Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K. Balaji.
For the Respondent: L. Jai Venkatesh.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order made in L.R. No. CED/CSR/EEP/AEEP1/F.P.O. No. 11/09-10/D78/2011 dated 23.02.2011 as well as the L.R. No. CED/CSR/EEP/AEEP1/F.P.O. No. 11/09-10/D335/2011 dated 25.07.2011 passed by the 1st respondent and quash the same and consequently direct the 1st and 2nd respondents to return the recovered sum of Rs. 1,66,530/- (Rupees One Lakh Sixty Six thousand five Hundred and thirty only) to the petitioner with interest.

1. The orders dated 23.02.2011 and 25.07.2011 are under challenge in the present writ petition.

2. The impugned orders are relating to penalty amount to be paid by the petitioner for violation of the terms and conditions of the contract. The penalty was recovered from the petitioner towards belated supply of materials as per the clause 10.2 of the purchase order.

3. The learned counsel for the petitioner raises the sole ground that no show cause notice was issued to the petitioner providing an opportunity and therefore, the impugned orders are in violation of the principles of na

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