(1.) The question, which arises for consideration in this application, is as to whether the Parliament has the legislative competence to enact the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (hereinafter referred to as "1993 Act") in terms of Entry 97 to List I of the VII Schedule to the Constitution of India. FACTS:
(2.) The fact of the matter may, however, be noticed from W.P.No. 10179 of 2001. The Andhra Pradesh TRANSCO (hereinafter referred to as "the writ petitioner") has in these applications prayed to declare the 1993 Act as unconstitutional and invalid.
(3.) By reason of the provisions of the Electricity Reform Act, 1998, the State Electricity Board was bifurcated into A.P. Power General (sic. Generation) Corporation Limited (for short GENCO) and A.P. Transmission Corporation Limited (for short TRANSCO). GENCO was to look after the task of generation of electricity, whereas Transco was obligated to see the transmission of electricity to consumers within the State of Andhra Pradesh. A.P. Transfer Scheme Rules were framed under G.O.Ms.No. 9 dated 29-1-1999 contemplating setting up of distribution undertakings for different areas and transfer of assets and agreements from TRANSCO to the undertakings was provided for therein. By virtue of the said transfer, TRANSCO ceased in law to be liable for any default relating to several purchase orders entered into between the petitioner and the State Electricity Board.