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Supreme Court of India 2019-01-23 dismissed

Shanti Conductors (P) Ltd. & Anr vs Assam State Electricity Board & Ors

Bench: 3 — Ashok Bhushan

In Brief

Small-scale industrial suppliers sued the Assam State Electricity Board for interest on delayed payments under the 1993 Act. The Board contended the Act did not apply because supply orders were placed before the Act came into force on 23.09.1992. The Court held that the Act applies when goods are supplied after its enactment, regardless of when the contract was made. However, the Court found the supplier's suit barred by the Limitation Act—the right to sue accrued in November 1993, and the suit filed in January 1997 exceeded three years. The Court clarified the Act is prospective, not retrospective, and that ordinary limitation provisions apply despite Section 10's overriding effect language.

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Small Scale Industries Contract Law Interest on Delayed Payment Limitation Statutory Interpretation Substantive Law Industrial Policy

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