Annamalai Cotton Mills (P) Ltd. Managing Director Mr. P. Sundaram Chettiar vs. Superintending Engineer, Tamil Nadu Eletricity Board& Ors.

LISTED ON. 22.04.2016 COURT NO. 10 ITEM NO. 22

SECTION XII

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NOS. 1-2

(Application for condonation of delay in filing of Special Leave Petition) AND

INTERLOCUTORY APPLICATION NOS. 3-5

(Application for condonation of delay in re-filing of Special Leave Petition)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) CC...NOS. 4793-4794 OF 2016

Annamalai Cotton Mills (P) Limited ...Petitioner

Versus

The Superintending Engineer, Tamil Nadu Electricity Board & Ors. ...Respondents

OFFICE REPORT

The matters above mentioned have been filed on 23th November, 2015 against the Impugned final common Judgment and order dated 20th April, 2015 passed by the High Court of Judicature at Madras in W.A. Nos. 343 and 344 of 1998, which is barred by time by 119 days and the same were defective. After curing the defects the Counsel has re-filed the Petition which is also barred by time by 79 days and Counsel for the Petitioner has filed an application for condonation of delay in re-filing the Special Leave Petition. Special Leave Petition filed against order dated 27th August, 2015 in Review Application NO. 208 of 2015 in W.A. No. 343 of 1998 is within time.

It is submitted that Civil Appeal Nos. 6922-6923 of 2009 Special Leave Petition(C) Nos. 11245-11246 of 2009 entitled "M/S.ANNAMALAI COTTON MILLS PVT. LTD. vs SUPERINT.ENGINEER & ORS. between same parties @ similar issue were listed before the Hon'ble Court on 8th October, 2009 when the Court was pleased to grant the Special Leave Petition and allow the appeal. Copy of the Record of proceedings and order dated 8th October, 2009 is circulated herewith.

It is further submitted that Mr. M.A. Chinnasamy, Counsel for the Petitioner has on 9th March 2016 filed a letter. Copy of the letter is annexed at page no. 400 of the Special Leave Petition paper books. Counsel has also filed a letter dated 11th April, 2016 stating therein that as per letter of undertaking dated 9th March, 2016, copies of the orders dated 17th May, 1995, 26th May, 1995, 11th June, 1997 and 24th December, 1988 are not orders, they are terms and condition, letters and show cause notice and matter may be listed at his own risk. Copy of the letter dated 11th March, 2016 and documents are circulated herewith.

It is further submitted that Counsel for the Petitioner has on 21st April, 2016 filed additional documents as annexure P-11 and P-12. Copy of the same is circulated herewith.

The applications in the matter above mentioned are listed before the Hon'ble Court with this office report.

Dated this the 21st day of April, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. M.A. Chinnasamy, Advocate

ASSISTNAT REGISTRAR

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