ORDER

Leave granted.

We have heard learned counsel for the parties.

2. This appeal by special leave arises from the judgment and order dated May 4, 1995 made in W.P. No. 23865/90 by the High Court of Allahabad. The admitted facts are that the respondents had entered into an agreement for the supply of electrical energy,initially of 104 KW. The load was mixed type load for industrial purpose as well as for light and fans of the factory under clause [8] of the agreement. Section 48 of the Electrical Supply Act, 1948 empowers the Board to revise the tariffs from time to time. One of the conditions under clause [8] read as under :

" 8 (a) The Consumer shall pay for the supply of electric energy at the rates enforced by the Supplier from time to time as may be applicable to the Consumer.

Provided that in the event of alternative rates being available for that category of load, the consumer shall have the option to choose the tariff that suits him best.

(b) The rate Schedule applicable to the consumer at the time of execution of this agreement is annexed hereto as Annexure.

(c) The rate schedule abovementioned met at the discretion of the Supplier, be revised by the Supplier from time to ti