Supreme Court · 2009 INSC 516 · Decided 15 April 2009

Bihar State Electricity Board v. M/S Pulak Enterprises & ORS.

Court
Supreme Court of India
Citation
2009 INSC 516 · [2009] 6 S.C.R. 292
Case number
CIVIL APPEAL No. 7220/2000
Decided
15 April 2009
Bench
ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 14

Headnote

Electricity (Supply) Act, 1948 : ~ - s.49 - Fixing of tariff - Bihar State Electricily Board c Notification dated 21.6.1993- Clauses 16.10.3, 16.10.3.1 and 17 - Amendment to - Levy of 'Fuel surcharge' - Formula - Held : Though fuel surcharge is a part of tariff, fixin} rate of 16.10 of Tariff Notifil:ation is different from fixing tariff u/s 49 of the Act - Where fidng rate D of fuel surcharge is just an arithmetical exercise, giving opportunity of hearing would not serve any pu"pose - Electricity Board is entitled to levy fuel surcharge on the consumers

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