Supreme Court - Daily Orders
Chief Financial Controller/ Revenue ... vs Bannari Amman Spinning Mills Ltd on 25 October, 2018
Author: Chief Justice
Bench: Chief Justice, Sanjay Kishan Kaul, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8215/2015
THE CHIEF FINANCIAL CONTROLLER/
REVENUE TAMIL NADU ELECTRICITY
BOARD ...APPELLANT(S)
VERSUS
BANNARI AMMAN SPINNING
MILLS LTD. ...RESPONDENT(S)
WITH
C.A. NO. 8218/2015, C.A. NO. 1897/2015, C.A. NO.
8219/2015, C.A. NO. 8214/2015, C.A. NO. 8220/2015
ORDER
1. Delay condoned.
2. The issue arising in the present appeals is one relating to excess consumption of energy and demand charges payable on such excess consumption i.e. beyond the quota fixed under the Restriction and Control measures introduced by the Transmission and Distribution Licensee. Two forums i.e. the Regulatory Commission and the Appellate Tribunal for Electricity have taken the view that the decision and methodology for charging excess energy Signature Not Verified and demand charges adopted by the Distribution Digitally signed by VINOD LAKHINA Date: 2018.10.29 Licensee is correct but the date of collection of 17:33:25 IST Reason:
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such charges would be from 2010 and not from 2008 when the Restriction and Control measures were introduced.
3. If this is the limited scope of the appeals before us we do not see how the question raised can be understood to be giving rise to a substantial question of law within the meaning of Section 125 of the Electricity Act, 2003. We, therefore, decline to entertain these appeals any further. The appeals are accordingly dismissed. Consequently, all pending applications shall stand disposed of.
....................,CJI.
(RANJAN GOGOI) ...................,J.
(SANJAY KISHAN KAUL) ...................,J.
(K.M. JOSEPH)
NEW DELHI
OCTOBER 25, 2018
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ITEM NO.107 COURT NO.1 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(S). 8215/2015 CHIEF FINANCIAL CONTROLLER/REVENUE TAMIL NADU ELECTRICITY BOARD APPELLANT(S) VERSUS BANNARI AMMAN SPINNING MILLS LTD RESPONDENT(S) WITH C.A. NO. 8218/2015 (XVII) C.A. NO. 1897/2015 (XVII) (FOR CONDONATION OF DELAY IN FILING APPEAL ON IA 1/2015 FOR CONDONATION OF DELAY IN RE-FILING APPEAL ON IA 2/2015 FOR STAY APPLICATION ON IA 3/2015 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 4/2015) C.A. NO. 8219/2015 (XVII) C.A. NO. 8214/2015 (XVII) C.A. NO. 8220/2015 (XVII) Date : 25-10-2018 These matters were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Appellant(s) Mr. R. Venkataramani, Sr. Adv.
Mr. G. Umapathy, Adv.
Mr. S. Vallinayagam, Adv. Mr. C. K. Rai, AOR Mr. Yashraj Bundela, Adv. Mr. Praveen Vignesh, Adv.
For Respondent(s) Ms. Neha Garg, Adv.
Mr. Darpan K.M., Adv.
Ms. Geet Ahuja, Adv.
Mr. Parthasarthy, Adv.
Ms. Hetu Arora Sethi, AOR 4 UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The appeals are dismissed in terms of the signed order. Consequently, all pending applications shall stand disposed of.
[VINOD LAKHINA] [ASHA SONI] AR-cum-PS ASSISTANT REGISTRAR [SIGNED ORDER IS PLACED ON THE FILE]