ORDER

Leave granted.

2. Heard learned counsel on both sides.

This appeal by special leave arises against the order of the Division Bench of the High Court of Patna, dated September 21, 1993 made in CWJA No. 2811/93. Admittedly, the respondent had entered into an agreement with the appellant-Board for supply of electricity pursuant to which the respondent was required to pay the minimum guarantee charges. When a bill was issued, it would appear that the respondent had objected to the minimum guarantee bill on the ground that there was erratic supply of electricity and the Board was unable to supply required quantity of the electricity. Consequently, the respondent is not liable to pay the minimum guarantee under the contract. The High Court allowed the writ petition finding that on an earlier occasion the High Court in CWJC No. 3642/92 had disposed of writ petitions on February 25, 1993 directing the Board to raise fresh bill giving proportionate reduction in the annual minimum guarantee charges, but the same not being complied with it is not open to the Board to give the bill as impugned in the writ petition.

3. It is seen that clause 13 of the agreement provides as under :

"13. If