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Supreme Court of India 2019-01-23 dismissed

M/S SHANTI CONDUCTORS(P) LTD vs ASSAM STATE ELECTRICITY BOARD & ORS

Bench: 3 — Ashok Bhushan, A. K. Sikri, S. Abdul Nazeer

In Brief

Small scale conductor manufacturers sued an electricity board for delayed payment interest under the 1993 Act. The board argued the Act did not apply because supply orders were placed before the Act's commencement (23 September 1992). The High Court initially allowed the suit but later dismissed it, holding the Act applies only to contracts entered after commencement. The Supreme Court held that the Act applies whenever goods are supplied after its commencement, regardless of when the contract was made. However, all appeals were dismissed because the suit was barred by the three-year limitation period from when the amount became due, not from the last payment date. The court clarified the Act is prospective, not retrospective, and distinguished earlier binding precedent on this point.

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Interest on Delayed Payments Small Scale Industries Statutory Interpretation Limitation Prospective vs. Retrospective Application Beneficial Legislation

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