Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1993 Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 — Suit for recovery of interest under — Maintainability of ~ On facts, Staie Electricity Board placed supply orders on 31.3.1992 and 13.5,1992 ~ Supply completed by appellant on 410.1993 and last payment made on 3.3.1994 - Meanwhile, Act af 1993 came into force with effect from 23.9.1992 ~ On 10.1.1997, appellant filing suit for recovery of Rs.33.68 lacs on account of interest on delayed payments and future interest — Maintuinability of the suit — Held: Difference of opinion between the judges — Per Vi Gopala Gowda, J: Provisions of the Act are retroactive in nature; and non consideration of the said aspect renders the Modern Industries case and Purbanchal Cables & Conductors Pvt. Ltd. case as sub silentio~ Per Aran Mishra, J: Act of 1993 cannot be said to bv retrospective in operation or having retroactive operation — Supply order having been placed before the date of commencement of the Act, that is before 23.9.1992, the beneficial provisions of the Act regarding higher interest would not be applicable. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2019 INSC 81 |
Petitioner | M/s Shanti Conductors (p) Ltd. Anr. |
Respondent | Assam State Electricity Board & Ors. |
SCR | [2016] 6 S.C.R. 362 |
Judgement Date | 2016-08-31 |
Case Number | 8442-8443 |
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