9911796707
TMI Blog2005 (8) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... ein. 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 case was that the respondent had done all that was within its control and applied to the Kerala State Electricity Board in good time. However, the supply of electrical energy was not commenced till October 22, 1998. It was the case of the respondent that it was entitled to the benef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecting 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 any fault on the part of the respondent for not having started the commercial production before the cut off date. It observed :- "We are not going to find out on whose side the fault was. Even if we accept for arguments sake that there was delay on the part of the Electricity Board t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 have been some latches on the part of the Electricity Board in its failure to provide power connection in time, the same was not one sided and the respondent itself was not in a position to start commercial production within the stipulated date. Having urged these contentions, learned Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 having regard to the contents of the aforesaid letter, it was apparent that the respondent could not possibly commence commercial production by December 31, 1996. This contention was rejected by this Court. In the given circumstances this Court held that the respondent was alteast entitled to co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 review petition must be rejected. While it is true that a forceful argument has been advanced by the Electricity Board on the basis of the correspondence exchanged between the parties, at the same time learned counsel for the respondent has also brought to our notice some other letters which fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore 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 vehemence. There is an observation in the judgment which is as follows :- "Mr. Rohtagi, however to the suggestion from the Court finally agreed that the appeal can be disposed of on equitable consideration by this Court by reducing the period for which concessional tariff could be given to the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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