(Judgment of the Court was delivered by S.M.Subramaniam J.)

Under assail is the writ order dated 25.07.2022 passed in W.P.Nos.36209 of 2007 and 23556 of 2008.

2. The Tamil Nadu Electricity Board is the appellant before this Court.

The respondent Khivaraj Tech Park Private Limited, instituted the writ proceedings challenging the demand notice issued for recovery of monthly minimum charges as per Clause 31 of TNERC Electricity Distribution Code and the consequential circulars issued by the Board. Since the writ Court allowed the writ petitions, the Electricity Board has preferred the present intra-

Court appeals.

3. Mr.P.Wilson, learned Senior Counsel appearing on behalf of the Tamil Nadu Electricity Board mainly contends that the disputed facts regarding the readiness of the respondent to avail of the electricity supply provided by the Board is the crucial issue to be considered for recovery of monthly minimum charges. Such disputed facts, if decided based on certain pleadings of the respondent, then, the Board is deprived of exercising its right to recover monthly minimum charges, which is agreed between the parties based on Clause 31 of TNERC Electricity Distribution Code . The lear