Advocates:
['M/S C S KRISHNAMOORTHY', '', 'A S BALAJI', 'M/S V VISWANATHAN', '', 'S R SHANMUGADOSS']

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

Lok Adalat-I organised by the High Court Legal Services Committee

Friday, the 08^th day of April 2022

LOK ADALAT AWARD

(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

Presided over by

The Hon'ble Mr.JUSTICE M.THANIKACHALAM (Retd.)

and

Member

Mr.P.Ganesan

CMA.No.2676 of 2016

(Appeal against the judgment and decree dated 30.08.2016

made in I.A.No.76 of 2012 in O.P.No.80 of 2011 on the file of

the District Judge of the Nilgiris at Udhagamandalam (Exercising

special jurisdiction under Section 156 of Electricity Act 2003

as a special Court)

Tea Estates India Ltd., (at present known as

M/s Thaishola Plantations) H.T.S.C New No.22,

Old No.291, Devershola Tea Factory, Gudalur,

the Nilgiris 643 207 rep. By Assistant Manager,

R.Ravanan

...Appellant

Vs.

1.TNEB at present known as “TANGEDCO LTD.,”)

Rep. by its Superintending Engineer,

NEDC, Udhagamandalam.

2.The Assistant Executive Engineer, Distribution,

TNEB (At present known as TANGEDCO) Gudalur.

3.The Division Engineer, Electrical (at present

known as EE, TANGEDCO) Coimbatore

Electricity System, North, Udhagamandalam.

...Respondents

This case came up for settlement before the Lok Adalat.

Both parties are present. Mr.C.S.Krishnamoorthy, Counsel for the

petitioner and Mr.J.Hemalatha Gajapathy, Standing Counsel for

TNEB are present.

https://hcservices.ecourts.gov.in/hcservices/

TERMS OF SETTLEMENT

The respondent / TNEB for the alleged theft of energy,

issued notice to the appellant, to pay a sum of Rs.69,83,618/-.

Questioning the same, the petitioner filed the case before the

Special Court (District Court) Udagamandalam and the said Court

dismissed the petition, as not maintenable. Against that order,

the petitioner / appellant challenging the same by way of Civil

Miscellaneous Petition and this case is coming for settlement

before us.

2. Though the original demand was Rs.69,83,618/-, the same

was revised as per the new formula which came to Rs.34,91,809/-.

Out of this amount so far Rs.30,00,000/- paid, leaving the

balance of Rs.4,91,809/-. At present, apart from merit of the

case, the appellant is willing to pay the balance of

Rs.4,91,809/- in three instalments, as per the memo filed and

the same is also acceptable by the respondent / Electricity

Board. Memo is recorded. In view of the settlement reached as

per the memo, the following order is passed.

3. The appellant / Tea Estate is directed to pay equated

monthly instalment as per the memo with default clause, in the

case of none compliance of the conditions mentioned in the memo.

Memo is recorded. Memo shall form part of the order.

Accordingly, the Civil Miscellaneous Appeal is disposed of.

Sd/-

Tea Estates India Ltd.,

(at present known as M/s.Thaishola Plantations)

H.T.S.C New No.22, Old No.291,

Devershola Tea Factory, Gudalur,

The Nilgiris 643 207

Rep. By Assistant Manager,

Sd/-

R.Ravanan

Counsel for the Appellant

Sd/-

1.TNEB at present known as “TANGEDCO LTD.,”)

Rep. by its Superintending Engineer,

NEDC, Udhagamandalam.

2.The Assistant Executive Engineer, Distribution,

TNEB (At present known as TANGEDCO) Gudalur.

3.The Division Engineer, Electrical

(at present known as EE, TANGEDCO) Coimbatore

Electricity System, North, Udhagamandalam.

Sd/-

Counsel for the Respondents 1 to 3

https://hcservices.ecourts.gov.in/hcservices/

This Lok Adalat award is passed in terms of the above

settlement.

The Court fee paid shall be refunded to the appellant in the

manner provided under the Court Fees Act, 1870 as provided for

under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended

in 1994.

Sd/-

Sd/-

Judge

Member

Encl.: Xerox copy of the Joint Memo of Compromise

Sd/-

Assistant Registrar

// True Copy //

Sub Assistant Registrar

adl

To:

The parties/Advocate concerned

Copy to:

1.The Motor Accidents Claims Tribunal,

District Judge of the N