JUDGMENT

S.N. Variava, J.-This Appeal is against an Order dated 14th August, 1991 passed in Letters Patent Appeal No.69 of 1990, by which the Appeal has been dismissed in limine. The Letters Patent Appeal was against an Order dated 20th January, 1989 read with an Order dated 2nd May, 1990, wherein an Appeal filed by the Respondent had been allowed.

2. Briefly stated the facts are as follows :

On 12th January, 1972 the Appellants and the Respondent entered into an Agreement whereunder the Appellants were to supply to the Respondent High Tension electricity for a contract demand/load of 1500 KVA at 11000 volts. The relevant Clauses of the Agreement are 4(a), 8 and 9. They read as under:

"4(a) The consumer shall pay to the Board for the energy so supplied and registered as aforesaid at the rates given in the Schedule, provided that the minimum charge as specified in the schedule appended hereto shall be paid irrespective of whether energy to that extent has been consumed or not.

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8. The Agreement shall be ordinarily in force for a period of not less than 3 years in the first instance except in exceptional cases in which written consent of the Board wil