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Supreme Court of India 2017-11-02 partly_allowed

Jagannath Steel Pvt. Ltd vs U.P. Power Corporation Ltd. & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant, an HV-2 electricity consumer, disputed whether it should be charged urban or rural tariff rates. The State Electricity Regulatory Commission ruled in favour of rural rates but imposed penalties; a review set aside the penalties. An Appellate Tribunal held the Commission lacked jurisdiction to decide individual billing disputes, yet proceeded to rule on merits that urban rates applied. The Supreme Court held that once a tribunal finds no jurisdiction, it cannot then decide the case on merits. Accordingly, the Tribunal's merit-based finding was set aside, and a deposited amount was permitted to be withdrawn by the appellant with accrued interest."

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