Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cost |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:The dispute, pertaining to recovery of deductions of monthly tariffby the respondent was dealt by the Supreme Court in NabhaPower Limited (NPL) v. Punjab State Power Corporation Limited(PSPCL) and Anr. [2017] 14 SCR 301: (2018) 11 SCC 508 dated05.10.2017, whether same issue has been raised again.Cost – Imposition of – After Nabha Power Limited (NPL) v.Punjab State Power Corporation Limited (PSPCL) and Anr.judgment, the respondent filed various applications before theSupreme Court – Two Contempt petitions were also filed bythe appellant for the compliance of the above said judgment– The Contempt Petitions were disposed of with a directionto the respondent to pay the amount as a result of the order– Petitions was also filed before the Regulatory Commission– The submission of the appellant before the Supreme Courtwas that all the issues were dealt with earlier in the judgmentas well as in the various applications filed by the respondent.Held: When issues were examined, the Court found that the samething being raked up again and again only as an endeavour tonot make payments, till in the Contempt proceedings they werecompelled to make payment – The liberty granted by the order dated09.03.2021 (Second Contempt petition) cannot be construed to seekrefund of the amount paid under the orders passed by this Courtfrom time to time – What was noticed was that some aspect wasraised which was really in the nature of fresh dispute – The Courtdid not preclude the respondents from raising ‘all future disputes’but that cannot be to unsettle the effect on the main judgmentdated 05.10.2017 abundantly clarified from time to time – Findingthemselves helpless in the face of the Second Contempt and withpossibility of serious consequences, they sought to wriggle out of theconsequences arisen by offering to make payment – The paymentswere made in terms of the imprimatur granted by this Court as tothe quantum and, thus, what was sought to be done was to reallyreopen the same issue – The impugned order has simply maintainedthe petition and that would mean another round of litigation, andthis is being continuing since the judgment in 2017 for the last sixyears – There is no hesitation in coming to the conclusion thatthe impugned order, innocuous as it may seem, is not sustainableand this is yet another endeavour of the respondent to wriggle outof its obligation under the judgment dated 05.10.2017, repeatedlyexplained by various orders – In fact, the judgment dated 05.10.2017itself dealt with the legal principles for interpretation of commercialcontract exhaustively and those principles were then applied to thecontract in question – The pricing of the coal was found to be thecrux of the problem, which was adjudicated upon – It is this veryissue which is sought to be raked up again – This Court considersto modulate and quantify the cost in favour of appellants-NabhaPower Limited and Talwandi Sabo Power Limited at Rs.40.00 lakhsand Rs.25.00 lakhs, respectively. [Paras 20, 21, 22, 23] |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2023 INSC 883 |
Petitioner | Nabha Power Limited |
Respondent | Punjab State Power Corporation Limited |
SCR | [2023] 13 S.C.R. 713 |
Judgement Date | 2023-10-09 |
Case Number | 2425 |
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