Full Judgment Text
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CASE NO.:
Appeal (civil) 2335 of 2006
PETITIONER:
Oswal Woolen Mills Ltd.
RESPONDENT:
Punjab State Electricity Board & Anr.
DATE OF JUDGMENT: 11/01/2008
BENCH:
S.B. Sinha & Harjit Singh Bedi
JUDGMENT:
J U D G M E N T
O R D E R
in
I.A. No. 91 in CIVIL APPEAL NO. 2335 OF 2006
1. This application has been filed for clarification of a judgment and
order dated 28.04.2006 passed by a Division Bench of this Court in Civil
Appeal No. 2335 of 2006.
2. The clarification has been sought for on the issue as to whether
13.05.1992 was the cut-off date for commencement of the period of one year
for converting supply from 11 KV to 33 KV or higher voltage or the
surcharge was actually payable with effect from the said date.
3. Having heard the learned counsel for the parties, we are of the opinion
that the Company is liable to pay the surcharge with effect from the date of
expiry of one year from 13.05.1992 and not from 13.05.1992 itself. The
relevant paragraph of the judgment of this Court, accordingly, may be
substituted by the following:
\021For the reasons aforementioned, although Mr. R.K. Jain, the learned
Senior Counsel appearing for the company, may be right in his submission
that the Board has no jurisdiction to levy surcharge after 29.01.1992, but as
the said contention had not been raised and furthermore as notice was issued
by the court on a limited question, we are of the opinion that the company is
liable to pay the surcharge with effect from the date of expiry of one year
from 13.05.1992. We may furthermore notice that the actual amount of
surcharge payable from that date has already been paid by the company to
the Board. However, in view of our findings aforementioned, there cannot
be any doubt that the surcharge @ 17 =% was not required to be paid in
terms of the tariff notification dated 01.02.1994.\022
The I.A. is disposed of accordingly.