TMI Blog2005 (8) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... e Constitution of India seeking review of the judgment and order of this Court dated December 17, 2002 passed in Civil Appeal No. 8322 of 2001 whereby this Court set aside the judgment and order of the Kerala High Court and partly allowed the appeal preferred by the respondent herein. Briefly stated the facts of the case are that the respondent herein claimed benefit of the Industrial Policy announced by the Government of Kerala offering the concessional rate of tariff and electricity duty to new industries for a period of five years from the date of commercial production, if the production commenced between 1.1.1992 to 31.12.1996. Admittedly the respondent herein did not commence commercial production before the specified date, but its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal preferred by the respondent was dismissed. The appellate Bench took the view that if the commercial production was not commenced within the period specified in the Industrial Policy of the Government, the industrial unit could not claim the benefit of concessional tariff. Rejecting the contention of the respondent that it was on account of the fault of the Board that it could not start commercial production before 31st December, 1996, it held that the Electricity Board and the Government are only concerned with its promise under the Industrial Policy. It was not necessary for the Government or the Electricity Board to find out whether the company could have started commercial production before the cut off date or whether there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Electricity Board which did not supply electrical energy to the respondent till October 22, 1998, even though it was ready to receive the said electrical energy and had applied for the same well within time. On the other hand learned Additional Solicitor General appearing for the State of Kerala and the Kerala State Electricity Board vehemently contended before this Court that the language of the policy was unequivocal and such policy clearly stipulated that only those units which started commercial production between 1.1.1992 and 3112.1996 were entitled to the concessional tariff indicated in the policy. The respondent having failed to do so could not claim such benefit under the Industrial Policy. It was also contended that even if there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entive scheme of the Government, as adopted by the Electricity Board. In this context this Court considered documents on record which were produced before the Court and reached the conclusion that the respondent had been communicating with the Board seeking power connection at an early date so that it could start commercial production by December 31, 1996. It had also brought to the notice of the Board that it had made all other arrangements to commence commercial production but there was inaction on the part of the Electricity Board in providing electrical energy to the respondent. This Court also noticed the contents of a letter of the respondent on which considerable reliance was placed by the Electricity Board which contended that havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equitable consideration. It was also urged on behalf of the Electricity Board that learned counsel appearing on behalf of the Board made a concession which he had no authority to make. The respondent on the other hand contended that the learned counsel appearing on behalf of the Board did not make any concession and vehemently contested the matter before this Court. The submission made by him regarding grant of relief on equitable consideration was only in the alternative i.e. in case his contention on merit did not find favour with this Court. He also relied upon several decisions of this Court holding that a review petition cannot be treated as an appeal in disguise. Having heard them at length, we are of the considered view that this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appreciation of the evidence produced, the Court records a finding of fact and reaches a conclusion, that conclusion cannot be assailed in a review petition unless it is shown that there is an error apparent on the face of the record or for some reason akin thereto. It has not been contended before us that there is any error apparent on the face of the record. To permit the review petitioner to argue on a question of appreciation of evidence would amount to converting a review petition into an appeal in disguise. We are also of the view that learned counsel appearing for the Board made no concession before this Court. A mere perusal of the judgment of this Court discloses that he urged all submissions on behalf of the Board with great veh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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