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2004 Supreme(SC) 155

R.C.LAHOTI, ASHOK BHAN
Jayshree Chemicals – Appellant
Versus
Orissa State Selectricity Board – Respondent


JUDGMENT

Bhan, J.-Aggrieved against the order passed by the High Court in dismissing the writ petition filed under Article 226 of the Constitution of India (Original Jurisdiction Case No. 165 of 1992) the writ petitioners-appellants have filed the present appeal.

2. In the writ petition the appellants challenged their liability to pay minimum charges to the Orissa State Electricity Board (for short "the Board") under the provisions of the State Electricity Board (General Conditions of Supply) Regulations of 1981 (for short "the Regulations") framed under Section 79(j) and (k) read with Section 49A of the Electricity (Supply) Act, 1948 (for short "Supply Act"). Clause 31 (e) of the Regulations provides:

"Every consumer shall during the continuance of agreement also pay, when required, the monthly minimum charges even if no electricity is consumed for any reasons, wheresoever, or supply has been disconnected and also if the monthly charges for electricity actually consumed much less than the minimum charges subject to exemption, if any, provided in the agreement or under these regulations."

3. The appellant No.1 under the Regulations has been categorised as "a power intensive Industry",



































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