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Civil · Reportable judgment

Kerala State Electricity Board Ltd. & Anr. vs Rubfila International Limited & Ors.

Court
Supreme Court of India
Date
15 November 2022
Case No.
Civil Appeal No(s). 8457-8458 of 2022
Result
Allowed
Bench
Ajay Rastogi, C.T. Ravikumar
Citation
[2022] 8 S.C.R. 768 : 2022 INSC 1203
Supreme Court Reports [2022] 8 S.C.R. 768 : 2022 INSC 1203
Headnote

Electricity Laws: Exemption of enhanced power tariff – Benefit of five years exemption to new industrial unit from the date of commercial production or from the date of energisation – Writ petition by the respondent no. 1-industrial unit, wherein the Single Judge of the High Court held that the benefit should be given from the date of energisation on the ground of parity as the Electricity Board has extended the benefit of concession to the other industrial unit from the date of energisation – Division Bench upheld the order of the Single Judge – Thereafter, the order in the case of the other industrial unit was withdrawn by the Board – Review petition filed on this ground but it was dismissed holding that withdrawal of order itself would not efface the finding of the judgment – On appeal, held: The High Court’s holding that withdrawal of exemption in the case of the other industrial unit will not efface the finding recorded in the judgment, is not good and is not sustainable in law – Withdrawal of exemption in the case of the other industrial unit remained unchallenged and this being an error apparent on the face of record – What being prayed for is something which does not emerge/contemplate from the Government order and after the order has been withdrawn in the case of the other industrial unit with whom parity was claimed by order of the Electricity Board, no negative equality would have been claimed by the respondent taking aid of Art. 14 of the Constitution – Thus, the impugned judgment followed with order passed by the High Court in the review petition, set aside.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by RASTOGI, J. 1. Leave granted. 2. The instant appeals are directed against the judgment and order dated 22nd November, 2018 followed with order dated 29th July, 2019 passed by the High Court of Kerala at Ernakulam. 3. The seminal facts relevant for the purpose of disposal of the present appeals are that respondent no. 1 is an industrial unit which started its commercial production on 26th March, 1995 and the unit was energised on 16th September, 1995. 4. The Government of Kerala under its GO dated 6th February, 1992 granted certain incentives in r
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