Judgment

S.P. Kurdukar, J.-Leave granted

2. These appeals are directed against a common Judgment and order dated 10.2.98 passed by the Learned Chief Justice of Orissa High Court, Cuttack in Miscellaneous Appeal Nos. 599/97, 600/97 and MJC No. 229/97. All these appeals are being disposed of by this Judgment.

The brief facts leading to the present controversy may be summarised as under:-

3. The GRID Corporation of Orissa Ltd., (for short ‘the GRIDCO’) is the appellant in all these appeals whereas M/s. Indian Charge Chrome Ltd., (for short ‘ICCL’) is the respondent. GRIDCO was the appellant in Miscellaneous Appeal Nos. 599/97-600/97 whereas ICCL was the peti­tioner in MJC No. 229/97 before the Orissa High Court.

4. The GRIDCO became the successor of the Orissa State Electricity Board (hereinafter referred to as ‘OSEB’) w.e.f. 1.4.1996 and was engaged in the business of transmission, distribution and supply of electricity to various consumers in the State of Orissa. Indian Metals and Ferro Alloys Company (For short ‘IMFA’) is a sister con­cern of ICCL. ICCL sometime in 1984 corresponded with the Government of Orissa seeking permission to generate power. Accordingly after completing the f