Supreme Court of India

Hitech Electrothermics and Hydropower Ltd. v. St Ate Oe Kerala and Ors.

Neutral citation
Reported as [2002] SUPP. 5 S.C.R. 128
Bench G.B. Pattanaik and K.G. Balakrishnan JJ.
Decided 7 December 2002
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the considered opinion that granting the concessional tariff for a HITECH ELECTROTHERMICS & HYDROPOWER LTD. v.

Judgment, page 7

From the headnote

Administrative Law: Government Po/icy-Offering of concessional tariff to new industrial unit for period of five years from the date of commercial production, if production commenced between specified period-Industrial unit claiming incehtive of concessional tariff even though it did not have commercial production by the date specified-Held, since industrial unit could not start commercial production due to non-supply of power, it would not be equitable to deny relief by giving literal interpretation to the incentive claim of the Government-Thus, on equitable consideration concessional tariff

Where later benches applied it

Of those, 1 distinguished

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