LAWS(ET)-2012-4-21

COCHIN PORT TRUST Vs. KERALA STATE ELECTRICITY BOARD

Decided On April 11, 2012
COCHIN PORT TRUST Appellant
V/S
KERALA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THE only question which has been raised in the present Appeal is this "Whether Kerala State Commission is right in holding that Cochin Port Trust, the Appellant is liable to pay their share of cost of construction of Kataribagh sub station to the Kerala State Electricity Board -

(2.) COCHIN Port Trust is the Appellant herein.

(3.) ON the Petition filed by the Kerala State Electricity Board (R1) before the State Commission (R2) claiming that the Appellant is liable to pay their share of cost of construction of Kataribagh sub station namely Rs.201.5 lakhs to the Electricity Board, the State Commission held that the Appellant is liable to pay the said Rs.201.5 lakhs being the share of cost of construction, but directed the Cochin Port Trust to pay only Rs.80.26 lakhs since the balance amount of Rs.121.24 lakhs had already been paid by the Appellant to the Electricity Board towards the cost of laying UG cables and the same shall be adjusted from the total liability. Aggrieved over this Order the Appellant which claims that it is not liable to pay any amount towards the share of construction, has filed this Appeal. The short facts are as under: