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    <title>1995 (12) TMI 381 - Supreme Court</title>
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    <description>A High Court order striking down a tariff revision remained binding until reversed, so consumers could not be treated as defaulters for not paying at the revised rate during that period. Once the revised tariff was ultimately upheld, the enhanced charges became enforceable from the original effective dates. The principle of restitution required restoration of the benefit obtained under the erroneous judicial order, and restitution could include interest where justice, equity and fairness so required. Because the company retained the benefit of non-payment and used the sums in its business, interest on the unpaid enhanced amount was recoverable.</description>
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      <title>1995 (12) TMI 381 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=171534</link>
      <description>A High Court order striking down a tariff revision remained binding until reversed, so consumers could not be treated as defaulters for not paying at the revised rate during that period. Once the revised tariff was ultimately upheld, the enhanced charges became enforceable from the original effective dates. The principle of restitution required restoration of the benefit obtained under the erroneous judicial order, and restitution could include interest where justice, equity and fairness so required. Because the company retained the benefit of non-payment and used the sums in its business, interest on the unpaid enhanced amount was recoverable.</description>
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      <pubDate>Tue, 12 Dec 1995 00:00:00 +0530</pubDate>
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