The respondent filed a writ petition before the High Court of Kerala at Ernakulam being O.P. No.
8322 of 2001 whereby this Court set aside the judgment and order of the Kerala High Court and partly allowed the appeal preferred by the respondent herein.
Admittedly the respondent herein did number companymence companymercial production before the specified date, but its case was that the respondent had done all that was within its companytrol and applied to the Kerala State Electricity Board in good time.
It was the case of the respondent that it was entitled to the benefit of companycessional rate of tariff and electricity duty under the aforesaid Industrial Policy of the Government, since it companyld number be blamed for delay in companymercial production if that was on account of latches and inaction on the part of the Kerala State Electricity Board which did number companymence supply of electrical energy till October 22, 1998.
Rejecting the companytention of the respondent that it was on account of the fault of the Board that it companyld number start companymercial production before 31st December, 1996, it held that the Electricity Board and the Government are only companycerned with its promise under the Industrial Policy.
The respondent preferred Civil Appeal No.
The respondent herein preferred an appeal before a Division Bench being W.A. No.
Briefly stated the facts of the case are that the respondent herein claimed benefit of the Industrial Policy announced by the Government of Kerala offering the companycessional rate of tariff and electricity duty to new industries for a period of five years from the date of companymercial production, if the production companymenced between 1.1.1992 to 31.12.1996.
However, the supply of electrical energy was number companymenced till October 22, 1998.
REVIEW PETITION CIVIL NO.
It was number necessary for the Government or the Electricity Board to find out whether the companypany companyld have started companymercial production before the cut off date or whether there was any fault on the part of the respondent for number having started the companymercial production before the cut off date.
238 OF 2003 IN CIVIL APPEAL NO.8322 OF 2001 P.Singh, J. This review petition has been preferred by the Kerala State Electricity Board under Article 137 of the Constitution of India seeking review of the judgment and order of this Court dated December 17, 2002 passed in Civil Appeal No.
The appeal preferred by the respondent was dismissed.
The appellate Bench took the view that if the companymercial production was number companymenced within the period specified in the Industrial Policy of the Government, the industrial unit companyld number claim the benefit of companycessional tariff.
820 of 2001 which was disposed of by judgment and order of April 6, 2001.
