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february 2014

Supreme Court of India · 2014-02-28

JHARKHAND STATE ELECT.BOARD vs M/S LAXMI BUSINESS & CEMENT CO.P.LD.&ANR

Citation / case number
SC 2011/24175
Court
Supreme Court of India
Petitioner
JHARKHAND STATE ELECT.BOARD
Respondent
M/S LAXMI BUSINESS & CEMENT CO.P.LD.&ANR
Author
A.K.SIKRI
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court upheld the decision of the Jharkhand High Court, affirming that the Jharkhand State Electricity Board (JSEB) could not charge tariffs based on an outdated agreement after the enactment of the Electricity Act, 2003 and the issuance of a new tariff schedule by the Jharkhand State Electricity Regulatory Commission under Section 86 of the Act. The Court clarified that the provisions of the earlier agreement were superseded by the new tariff order, and thus, the bills raised by JSEB were invalid. The appeal by JSEB was dismissed, reinforcing the authority of the SERC in tariff determination.

JHARKHAND STATE ELECT.BOARD vs M/S LAXMI BUSINESS & CEMENT CO.P.LD.&ANR · Niyam