M.CHOCKALINGAM, J. - (1.) These two intracourt appeals have arisen from the order of dismissal made by the learned Single Judge of this Court in O.A.Nos.759 and 760 of 2009 seeking for an interim injunction restraining the respondent from effecting electricity supply to anyone without first supplying to the appellants/applicants, at least 10.41 and 12.5 lakh units of electrical energy per month on firm basis and 4.15 and 4.16 lakh units per month on non-firm basis per month respectively to the appellants pending disposal of the arbitral proceedings.
(2.) The Court heard the learned Counsel for the appellants and also the learned Senior Counsel for the respondent. The Court also perused all the materials available including the order under challenge.
(3.) The case of the appellants/applicants is that they are running their respective businesses; that the respondent is running a gas based power plant in Maruthur Village, Mayiladuthurai Taluk; that the respondent conceived the power plant as a captive power plant as defined under Sec.2(8) of the Electricity Act, 2003; that the appellants participated in the equity; that it is agreed that the entire production of the respondent plant would be consumed by the appellants and two other shareholders; that the respondent has also assured substantial reduction in power cost and stability in operations; that the appellants invested Rs.40 lakhs each in the equity share capital of the respondent in consideration of the supply of 12.5 million KWH and 15 million KWH respectively by agreements dated 15.9.2003 and 11.3.2004; that supplementary agreements were also executed on 14.10.2005 and 21.1.2005 respectively; that the appellant in OSA No.429/2009 has entered into another supplementary agreement dated 16.2.2006; that the appellants shall purchase and make payment for the mutually agreed quantity supplied and maintain the status of a scheduled consumer of TNEB; that the agreements would be in force for a period of six years from the date of commencement of supply and renewed on mutual terms; that the agreements could be terminated by any aggrieved party by giving 90 days notice; that if any dispute between the parties arises, the same shall be referred to arbitration; that while the matter stood thus, the respondent has not supplied the electrical energy as per the terms and conditions; that because of that, the appellants are incurring loss which cannot be compensated in terms of money, and hence the applications.;