Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 64. 94 - Power intensive 46 2003 - ss.45 Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Act, 2003 - ss.45, 46, 64. 94 - Power intensive industry - Consumption pattern - Load factor - Calculation_ of monthly minimum charges - Petition filed by Respondent No.2-State Electricity Board (CSEB) ulss. 45, 46 and 64 for determination of Retail Supply Tariff for the financial year 2005-2006 - Stale Electricity Regulatory Commission while taking into consideration the pattern of consumption fixed 30% of load factor as minimum charges - Appellant filed petition u/s. 94 whereupon taking note of consumption in the year in question, the Commission reduced the monthly payment of charges to 10% of load factor - Propriety of - Held: Commission has returned a categorical finding Iha/ appellant no/ liable to pay minimum charges, however, it is not a determination in absoluteness - it depends upon !he scrutiny and analysis of the factual score - Factual ana~vsis is necessary and certain conditions precedent are required lo be gone info for purpose of determination as regards the aspect whether there should be abolition of the minimum charges for financial year 2005-2006 or not Commission lo dwell upon the same and then only such analysis could be scrutinised in appeal by the appellate authority in ifs proper perspective - Thus, mailer remilledback to !he Commission for fresh determination. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 168 |
Petitioner | M/s. Jayasawals Neco Ltd. |
Respondent | Chhattisgarh State Electricity Regulatory Commission And Another |
SCR | [2017] 2 S.C.R. 752 |
Judgement Date | 2017-02-22 |
Case Number | 1368 |
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