TMI Blog2018 (11) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... was held that whenever there is an interim order of stay in regard to any revision in rate or tariff, unless the order granting interim stay or the final order dismissing the writ petition specifies otherwise, on the dismissal of the writ petition or vacation of the interim order, the beneficiary of the interim order shall have to pay interest on the amount withheld or not paid by virtue of the interim order. As the case of the Appellants is covered by the decision of the Hon’ble Supreme Court in J.K. Synthetics Limited, we are not inclined to interfere with the demand notice, so far it relates to interest - appeal dismissed - decided against appellant. - I.A. No. 55 of 2018 In Competition Appeal (AT) No. 59 of 2015 - - - Dated:- 8-8-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th August, 2016. 4. The Commission again issued demand notice on 4th October, 2016 for recovery of a sum of ₹ 2,00,00,000/- (Rupees Two Crores). At that stage, the Appellants moved before the Hon ble Supreme Court under Section 53T of the Competition Act, 2002 against the order of the COMPAT. The Hon ble Supreme Court by order dated 11th November, 2016 stayed the demand notice on the condition of depositation of entire penalty amount of ₹ 2 Crores with the Registry of the COMPAT. Subsequently, on merit the Hon ble Supreme Court dismissed the appeal on 17th April, 2018. However, in absence of any prayer, the Hon ble Supreme Court passed no order with regard to interest payable by the Appellants. Thereafter, the Commission by d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y specific direction by the High Court to pay interest on the difference in royalty amount, they were not liable to pay any interest during the period of operation of stay. This question is no longer res integra. 19. We may refer to the decisions of this Court that have categorically laid down about the liability to pay interest for the period of stay when the stay is ultimately vacated. 20. In Kanoria Chemicals and Industries Ltd. v. U.P. SEB, this Court held that grant of stay of a notification revising the electricity charges does not have the effect of relieving the consumer of its obligation to pay interest (or late payment surcharge) on the amount withheld by them by reason of the interim stay, if and when the writ petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicing a party (Board in this case) for no fault of its and for no fault of its and would also mean rewarding a writ petitioner in spite of his failure. We do not think that any such unjust consequence can be countenanced by the courts. As a matter of fact, the contention of the consumers herein, extended logically should mean that even the enhanced rates are also not payable for the period covered by the order of stay because the operation of the very notification revising/enhancing the tariff rates was stayed. Mercifully, no such argument was urged by the appellants. It is ununderstandable how the enhanced rates can be said to be payable but not the late payment surcharge thereon, when both the enhancement and the late payment surcharge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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