Supreme Court of India

M/s Oswal Agro Mills Ltd. v. Punjab State Electricity Board and Others.

Neutral citation
Reported as [2013] 1 S.C.R. 526
Bench A.K. Patnaik and Sudhansu Jyoti Mukhopadhaya JJ.
Decided 23 January 2013

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.

What the Court ordered

We hold that the load of the TG Sets was sanctioned and authorized, the appellant could not be held liable for load surcharge under clause 8-b of the Schedule of Tariff for the load of the TG Set, even if by the aid of bus coupler, D inter-transferability of load could be effected between the TG Set of the appellant and the energy supplied by the respondent no.1-Board.

Judgment, page 17

From the headnote

Electricity Act, 1910: ss. 30 and 58 read with PSEB Circular No. CC23/90 and Clause 8-b of Tariff Schedule - Levy of load surcharge at additional rate - Held: Was only meant for a load which was unauthorized or not sanctioned and if a particular load of a consumer is sanctioned or authorized, load surcharge at additional rate could not be levied under Clause 8-b of the Schedule of Tariff - In the instant case, the load of the TG Set detected was a sanctioned load and was not an unauthorized load - Therefore, appellant could not be held liable for load surcharge under Clause 8-b, even if by

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