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2026 Supreme(Online)(Mad) 45649
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G. Arul Murugan, J
PTC India Limited – Appellant
Versus
Tamil Nadu Power Distribution Corporation Limited – Respondent
W.A.No.928 of 2026|C.M.P.No.9728 of 2026
Advocates:
For the Appellants/Petitioners: Prahalad Bhat.K.
For the Respondents: T.Gowthaman, D.R.Arun Kumar, Deepak Khurane, Bhagavath Krishnan
For the Appellants/Petitioners: Prahalad Bhat.K.
For the Respondents: T.Gowthaman, D.R.Arun Kumar, Deepak Khurane, Bhagavath Krishnan
An appeal becomes infructuous and is liable to be dismissed if the subject matter or stay application associated with it has been dismissed by the appropriate specialized tribunal.
Headnote:The present case involves an appeal against a single bench order regarding a power distribution dispute. The appellant sought relief during the pendency of proceedings; however, it was brought to the court's attention that the Appellate Tribunal for Electricity had dismissed the associated stay application. The central issue was whether the appeal remained maintainable or alive after the relevant stay application was dismissed by a higher forum. The court applied the principle that if the substratum of the appeal is eroded or negated by subsequent developments in another forum, the appeal becomes infructuous. The writ appeal is dismissed, and the interim order granted earlier is vacated.
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| 1. dismissal of appeal due to loss of subject matter following developments in an external tribunal. (Para 1 , 2) |
Learned counsel for the appellant submits that, during the pendency of the appeal, the stay application has been dismissed by the Appellate Tribunal for Electricity. Therefore, nothing survives for consideration in this appeal.
2. The writ appeal is, accordingly, dismissed. The interim order granted earlier shall stand vacated. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
