Wednesday, December 15, 2010

INTERIM ORDER CANNOT BE INVOKED AFTER DISMISSAL OF PETITION

The SC last week dismissed the appeal of Nava Bharat Ferro Alloys Ltd. against Transmission
Corporation of Andhra Pradesh Ltd. and confirmed the demand of additional charges/surcharge
payable on delayed payment. The power-intensive company had challenged the demand of a higher
rate in the Andhra Pradesh high court. It passed certain interim orders in its favour. However, the
petition was ultimately dismissed, leading to the demand of the charges. The company disputed it
based on the interim relief. The SC ruled that a party who fails in the proceedings cannot benefit from the interim order issued during the pending of such proceedings.

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