M/S. DSR STEEL (P) LTD. versus STATE OF RAJASTHAN & ORS.

M/S. DSR STEEL (P) LTD. versus STATE OF RAJASTHAN & ORS.

The appeals are dismissed as no substantial question of law arises. Appeal under Section 125 of the Electricity Act, 2003 to the Supreme Court lies only on substantial questions of law akin to Section 100 CPC, and not on concurrent findings of fact. The commissions' and tribunal's findings that the incentive scheme was of limited validity and its withdrawal does not trigger promissory estoppel were not perverse. There is no merger when review is dismissed; limitation runs from the original order.

Parties
Appellant: DSR Steel (P) Ltd.; Respondents: State of Rajasthan & Ors.
Jurisdiction
India
Judgment Date
01 May 2012
Procedural Posture
Civil Appeal / Final Supreme Court Decision on Appeal From Appellate Tribunal for Electricity
Outcome
Appeals dismissed
Legal Topics
Appeals Under Electricity Act 2003 S.125, Promissory Estoppel, Doctrine of Merger, Limitation Period Reckoning After Review Dismissal
Electricity Law Procedure Limitation Law Appeals Under Electricity Act 2003 S.125 Promissory Estoppel Doctrine of Merger Limitation Period Reckoning After Review Dismissal

Case Brief

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Parties

DSR Steel (P) Ltd.

Appellant

State of Rajasthan & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Decision on Appeal From Appellate Tribunal for Electricity

Legal Issues

  1. 1 Whether an appeal under Section 125 of the Electricity Act, 2003 to the Supreme Court is maintainable on questions of fact or only on substantial questions of law as per Section 100 CPC
  2. 2 Whether the withdrawal of the incentive scheme violates the doctrine of promissory estoppel
  3. 3 Whether the period of limitation should be reckoned from the date of the original order or the date of dismissal of the review petition (doctrine of merger)

Ratio Decidendi

The appeals are dismissed as no substantial question of law arises. Appeal under Section 125 of the Electricity Act, 2003 to the Supreme Court lies only on substantial questions of law akin to Section 100 CPC, and not on concurrent findings of fact. The commissions' and tribunal's findings that the incentive scheme was of limited validity and its withdrawal does not trigger promissory estoppel were not perverse. There is no merger when review is dismissed; limitation runs from the original order.

Court Disposition

Appeals dismissed

Orders

  • Respondents entitled to costs of Rs. 20,000/- in each case to be deposited in the SCBA Lawyers' Welfare Fund within six weeks.