VidhiSangh

Supreme Court of India · 04/10/2017

THE STATE OF HIMACHAL PRADESH & ORS. versus MIS. GUJARAT AMBUJA CEMENTS LTD. & ORS.

[2017] 10 S.C.R. 1 · 2017 INSC 991

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A cement manufacturer claimed reimbursement of peak-load exemption charges under a four-year industrial power-tariff freeze. The Court held that the promise concerned normal supply tariff, while peak-hour supply was a separately arranged special dispensation carrying a surcharge. The manufacturer was not entitled to reimbursement; any amount already reimbursed had to be returned with six per cent annual interest.

Issues

  1. Whether peak-load exemption charges fell within the promised reimbursement of increased power tariff.
  2. Whether the 1996 rules’ express exclusion changed the interpretation of the earlier incentive.

Held

Result

State appeal allowed and High Court order set aside; peak-load reimbursement refused, with any amounts already paid repayable forthwith at six per cent annual interest.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 1.