Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 9.2 Electricity: Jharkhand State Electricity Regulatory Commission (Electriity Supply Code) Regulations 2005 – Regns.9.1 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity: Jharkhand State Electricity Regulatory Commission (Electriity Supply Code) Regulations, 2005 – Regns. 9.1, 9.2 – On 14.04.2004, the respondent, small scale industry entered into an agreement with Board for High Tension connection of 325 KVA load – Thereafter, on 14.03.2006, respondent applied for enhancement of load from 325 KVA to 1325 KVA, which was sanctioned – On 26.12.2006, respondent again applied for enhancement of load from 1325 KVA to 3500 KVA which was also sanctioned by Board – On a further request of respondent, on 07.07.2007, the load was again enhanced to 4000 KVA – Due to continuous load shedding, which was affecting machineries, respondent decided to reduce load from 4000 KVA to 1325 KVA – However, the application to that effect was rejected treating it to be a case of determination of agreement, and quoting the Clause 9B of the agreement which provided that the agreement could not be permitted to be determined prior to the completion of initial period of three years from 07.07.2007 and that the respondent will have to pay the minimum guarantee charges and other charges, even if the respondent decides to terminate the agreement – Respondent successfully filed writ petition before High Court – Board filed instant appeal – Held: Chapter 9 of the Regulations of 2005 deals with the enhancement and reduction of contract demand/sanctioned load – Regn.9.1 deals with enhancement of contract demand/sanctioned load, whereas Regn.9.2 deals with the reduction of contract demand/ sanctioned load – Regn.9.2.6 of the Regulations of 2005 provides for execution of a supplementary agreement for reduction of contract demand/sanctioned load of the consumer – If the Regulations provide for contract load to be varied even through a written communication, then in all fairness, though fresh agreements may have been executed at the stage of enhancement of load of the same electricity connection, the same cannot be treated as anything but an extension/amendment or modification of the initial agreement granting the electricity connection, which in the present case would be the agreement dated 14.04.2004 – Thus, even though the consumer may have been required to sign fresh agreements for each enhancement of load, but the enhancement being for the same electricity connection which still continues, it would merely be amendment of the initial agreement – This would also be in consonance with the provisions of the Regulations of 2005, which have to be liberally interpreted in favour of the consumer – The Board was wrong in treating the application of the respondent for reduction of load to be that for determination of the agreement under Clause 9B of the agreement, which application, in fact, ought to have been considered under Regn. 9.2 of the Regulations of 2005 – The agreement to be considered in the present case is the initial agreement dated 14.04.2004 and not the subsequent agreement dated 07.07.2007. |
Judge | Hon'ble Mr. Justice Vineet Saran |
Neutral Citation | 2021 INSC 278 |
Petitioner | Jharkhand State Electricity Board And Others |
Respondent | M/s Ramkrishna Forging Limited |
SCR | [2021] 4 S.C.R. 454 |
Judgement Date | 2021-04-30 |
Case Number | 6145 |
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