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2022 Supreme(Online)(MAD) 15823

HIGH COURT OF MADRAS
Hon`ble Mr Justice MOHAMMED SHAFFIQ
M/s. MMS Steel & Power – Appellant
Versus
Tamil Nadu Generation & – Respondent


O R D E R

The writ petition is filed praying to issue a Writ of Mandamus directing the Respondents to forthwith and in a time bound manner, release the dues under the respective Power Purchase Agreements and Open Access Agreement for sale to TANGEDCO dated 07.10.2014 entered into between the petitioner and the Respondents without in any manner deducting any penalties for short supply, so long as the Respondents do not make full payments within the due date against the invoices raised for supply of electricity from time to time and pay interest on the delayed payments at the contractual rate for the period of delay.

2. The petitioner is a Company operating two Group owned captive gas based power plants in the State of Tamil Nadu with a combined installed capacity of 28 MW. The petitioner supplied power under a wheeling agreement to 8 Group Captive consumers. After meeting its internal requirements, the petitioner had surplus power of 10 MW depending on availability of machine, gas etc., 3. The State of Tamil Nadu faced with acute shortage of power, entered into Power Purchase Agreements (hereinafter referred to as "PPA") from time to time titled “Open Access Agreement for Sale” with

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