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2002 (12) TMI 235 - SUPREME COURTWhether an industrial unit which has set up the industry being lured by policy decision of the Government can still claim the benefit of the concessional tariff under the policy notwithstanding the fact that there has been delay in production, such delay being attributable to the inaction on the part of the Board in providing the necessary electric connection? Held that:- Appeal allowed. Having regard to the gamut of the circumstances, starting from the Government policy resolution and culminating in setting up of the factory by the appellant in Kerala and commensurate the production of ferro alloys, though not by December 31, 1996, we are of the considered opinion that granting the concessional tariff for a period of three years instead of five years, as indicated in the policy resolution would meet the ends of justice and we, accordingly, so direct. Be it be stated that the appellant has been enjoying the concessional tariff on the basis of interim orders of the court and, therefore, that should be taken into account and due adjustment would be made in computing the period of three years, for which we are directing for grant of concessional tariff.
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