Supreme Court of India
A.P. Power Coordination Committee & Ors. v. Mis. Lanco Kondapalli Power Ltd. & Ors.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that a claim coming before the Commission· cannot be entertained or allowed if it is barred by limitation prescribed for an ordinary suit before the civil court.
Judgment, page 45
From the headnote
Electricity Act, 2003 - s. 86(1 )(f), 17 4 - Limitation Act, 1963 - ss. 3, 14, Schedule - Disputes between /icencees c and power generating company- Bill for capacity charges Claim for reimbursement of minimum alternate Tax (MAT) - Whether the Limitation Act, s. 3 and the Schedule would apply to any action instituted before the Commission uls. 86(1)(f) - Whether the impugned order passed by APTEL permitting application of principles emerging from s. 14, is against law - Whether the claim for reimbursement of MAT is in contravention of relevant terms and conditions of the Power Purchase
Authorities it was built on
- 1991 Kihoto Hollohan v. Zachillhu and Others
- 1953 Maqbool Hussain v. The State of Bombay
- 2008 M/s Consolidated Engg. Enterprises v. Principal Secy. Irrigation Deptt. & Ors.
- 1995 Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker
- 2008 Gujarat Urja Vikash Nigam Ltd. v. Essar Power Ltd.
- 1967 Thakur Jugal Kishore Sinha v. Sitamarhi Central Co-operative Bank Ltd. & Anr.
- 1993 Ram Chand and Ors. v. Union of India and Ors.
- 2014 T.N. Generation & Distbn. Corpn. Ltd. v. Ppn Power Gen. Co. Pvt. Ltd.
- 1969 State of Gujarat v. Patel Raghav Natha & Ors.
- 1999 State of Kerala and Ors. v. V.R. Kalliyanikutty and Anr. Etc. Etc.
- 2000 P. Sarathy v. State Bank of India
- 1998 Hindustan Times Ltd. v. Union of India and Ors.
- 1963 Bombay Gas Co. Ltd v. Gopal Bhiva & Ors.
- 2010 Ajanta Pharma Ltd. v. Commissioner of Income Tax-9, Mumbai
Where later benches applied it
- 2025 M/s Sonali Power Equipments Pvt. Ltd. v. Chairman, Maharashtra State Electricity Board, Mumbai & Ors.
- 2021 Maharashtra State Electricity Distribution Company Limited v. Maharashtra Electricity Regulatory Commission & Ors.
- 2018 State of Gujarat & Ors. v. Utility Users’ Welfare Association & Ors.
Of those, 3 referred to
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