Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | State Commission Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Electricity Act, 2003 (36 of 2003) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity Act, 2003 – ss.2(15), 42(4) – State Commission held captive consumers-respondents herein liable to pay additional surcharge – Appeals filed by the captive consumers – Allowed by Appellate Tribunal – On appeal by distribution licensee, held: Captive consumers incur huge expenditure/invest huge amount for construction, maintainance or operation of a captive generating plant and dedicated transmission lines – Such captive consumers/ captive users who form a separate class other than the consumers defined u/s.2(15) are not liable to pay additional surcharge leviable u/s.42(4), as rightly held by the Appellate Tribunal.Electricity Act, 2003 – s.9 – Operation of – Discussed.Electricity Act, 2003 – Class of consumers under – Held: As per the scheme of the Act, there can be two classes of consumers- ordinary consumer and captive consumers.Electricity Act, 2003 – s.42(4) – Applicability of – Discussed. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 866 |
Petitioner | Maharashtra State Electricity Distribution Co. Ltd. |
Respondent | M/s. Jsw Steel Limited & Ors. |
SCR | [2021] 9 S.C.R. 404 |
Judgement Date | 2021-12-10 |
Case Number | 5074 |
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