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november 2007

Supreme Court of India · 2007-11-12

M.P. STATE ELECTRICITY BOARD vs GRASIM INDUSTRIES LTD.

Citation / case number
SC 2004/1866
Court
Supreme Court of India
Petitioner
M.P. STATE ELECTRICITY BOARD
Respondent
GRASIM INDUSTRIES LTD.
Author
ARIJIT PASAYAT
Bench
R.V. RAVEENDRAN DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the legality of the Madhya Pradesh High Court's decision regarding the deletion of Clauses 21(f) & 21(g) from the Board’s General Conditions for Supply of Electrical Energy, which pertained to interest on security deposits. The Court held that the Division Bench of the High Court misinterpreted the precedent set in Ferro Alloys Corpn. Ltd. v. A.P. State Electricity Board, specifically paragraph 158, which affirms that Electricity Boards cannot delete clauses related to interest payment where such provisions exist. The Court concluded that the notification dated 24.1.1996 was issued under Section 49 of the Electricity (Supply) Act, 1948, and upheld the Single Judge's decision in favor of the appellant-Board.

M.P. STATE ELECTRICITY BOARD vs GRASIM INDUSTRIES LTD. · Niyam