M/S. SHANTI CONDUCTORS (P) LTD. & ANR. v. ASSAM STATE ELECTRICITY BOARD & ORS.

A being RFA No. 78 of 2003, which has been allowed on 12.02.2015 setting aside the decree for recovery of the amount and interest but maintaining the claim of refund of security deposit to the tune of Rs. 23,738.49 with 9% interest. The High Court following the judgment of this Court in Purbanchal Cables and Conductors Pvt. Ltd. (supra) held that with regard to transaction, which had taken place prior to B 23.09.1992, the 1993 Act is not applicable. The appellants have appealed against the judgment of High Court dated 20.02.2015. The pleading on the record does not indicate that any supply was made by the appellant subsequent to enforcement of the 1993 Act. We have already held that the mere fact that supply orders were issued prior to enforcement of the C Act does not deny the applicability of the 1993 Act, in event, supply has been made after the enforcement of the Act. There being nothing on record to come to the conclusion that any supply was made after the enforcement of the Act so as to enable the appellant to claim interest under Section 3 read with Section 4 of the 1993 Act, we are of the view that judgment of the High Court does not need any interference in this D appeal.

86Copy pinpoint86. Intervention applications are not entertained.

87Copy pinpoint87. In result, all the appeals are dismissed.

E Devika Gujral Appeals dismissed.