http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

CASE NO.: Appeal (civil)  2335 of 2006

PETITIONER: Oswal Woolen Mills Ltd.

RESPONDENT: Punjab State Electricity Board & Anr.

DATE OF JUDGMENT: 11/01/2008

BENCH: S.B. Sinha & Harjit Singh Bedi

JUDGMENT: J U D G M E N T                  O R D E R in I.A. No. 91 in CIVIL APPEAL NO. 2335 OF 2006

1.      This application has been filed for clarification of a judgment and  order dated 28.04.2006 passed by a Division Bench of this Court in Civil  Appeal No. 2335 of 2006.   

2.      The clarification has been sought for on the issue as to whether  13.05.1992 was the cut-off date for commencement of the period of one year  for converting supply from 11 KV to 33 KV or higher voltage or the  surcharge was actually payable with effect from the said date.

3.      Having heard the learned counsel for the parties, we are of the opinion  that the Company is liable to pay the surcharge with effect from the date of  expiry of one year from 13.05.1992 and not from 13.05.1992 itself.  The  relevant paragraph of the judgment of this Court, accordingly, may be  substituted by the following:

       \021For the reasons aforementioned, although Mr. R.K. Jain, the learned  Senior Counsel appearing for the company, may be right in his submission  that the Board has no jurisdiction to levy surcharge after 29.01.1992, but as  the said contention had not been raised and furthermore as notice was issued   by the court on a limited question, we are of the opinion that the company is  liable to pay the surcharge with effect from the date of expiry of one year  from 13.05.1992.  We may furthermore notice that the actual amount of  surcharge payable from that date has already been paid by the company to  the Board.  However, in view of our findings aforementioned, there cannot  be any doubt that the surcharge @ 17 =% was not required to be paid in  terms of the tariff  notification dated 01.02.1994.\022   

       The I.A. is disposed of accordingly.