TAMIL NADU ELECTRICITY BOARD & ANR. versus STATUS SPINNING MILLS LTD. & ANR.

TAMIL NADU ELECTRICITY BOARD & ANR. versus STATUS SPINNING MILLS LTD. & ANR.

Concession for tariff is available to industries which not only commenced commercial production before the cut-off date but also applied for service connection by depositing requisite amount and whose industries were otherwise ready for consuming electrical energy. The proviso to the Schedule must be interpreted...

Source-derived case information.

Parties
Appellant: Tamil Nadu Electricity Board; Respondent: Status Spinning Mills Ltd.
Jurisdiction
India
Judgment Date
16 May 2008
Procedural Posture
Civil Appeal / Supreme Court Judgment
Legal Topics
Tariff Concession, Promissory Estoppel, Subordinate Legislation, Interpretation of 'set Up' in Statute
Electricity Law Administrative Law Statutory Interpretation Tariff Concession Promissory Estoppel Subordinate Legislation Interpretation of 'set Up' in Statute

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Parties

Tamil Nadu Electricity Board

Appellant

Status Spinning Mills Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Meaning of 'set up' for concessional tariff under notification and statute
  2. 2 Applicability and interpretation of promissory estoppel in context of tariff concession
  3. 3 Whether notifications conferring tariff concession can be construed liberally

Ratio Decidendi

Concession for tariff is available to industries which not only commenced commercial production before the cut-off date but also applied for service connection by depositing requisite amount and whose industries were otherwise ready for consuming electrical energy. The proviso to the Schedule must be interpreted broadly and is applicable to such industries. The State had the power to withdraw tariff concession and the doctrine of promissory estoppel does not prevent amendment in public interest. The clarificatory notifications may be applied retrospectively.