KERALA STATE ELECTRICITY BOARD vs HITECH. ELECT.& HYDRO POWER LTD. .

The Supreme Court, in reviewing its earlier judgment under Article 137 of the Constitution, upheld the dismissal of the respondent's claim for concessional tariff benefits under the Kerala Industrial Policy. The Court reiterated that the respondent's failure to commence commercial production before the specified deadline disqualified it from the benefits, regardless of any alleged delays by the Kerala State Electricity Board. The Court emphasized that the responsibility to meet the production timeline rested solely with the respondent, affirming the earlier decision that no fault was attributable to the Board.