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1962 Supreme(SC) 367

RAGHUBAR DAYAL, S.R.DASS, A.K.SARKAR, J.L.KAPUR, M.HIDAYATULLAH
Mysore State Electricity Board (In All Aapeals) – Appellant
Versus
Bangalore Woollen, Cotton And Silk Mills LTD. – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.N.GHOSH, B.R.L.Iyengar, D.N.MUKHERJI, M.C.SETALVAD, N.C.CHATTERJI, P.D.MENON, S.S.SHUKLA, T.RANGASVAMY IYENGAR, V.L.NARASIMHAMURTY

Judgment

S. K. Das, J. (for himself, J.L. Kapur A.K. Sarkar and Raghubar Dayal, JJ.) : These are four appeals on a certificate of fitness granted by the High Court of Mysore under Art. 133 (1) (c) of the Constitution. The appeals have been heard together and this judgment will govern them all. The appellant is the Mysore Electricity Board, Bangalore (hereinafter referred to as the Board) in all the four appeals. The respondents are four textile mills, each mill being respondent in one of the appeals. These four textile Mills are: (1) the Bangalore Woollen, Cotton and Silk Mills Ltd., Bangalore, (2) the Minerva Mills Ltd., Bangalore, (3) Sri Krishna Rajendra Mills Ltd., Mysore and (4) the Mysore Spinning and Manufacturing Co. Ltd., Bangalore.

2. The appeals raise a common question of law, viz., whether, under S. 76 of the Electricity (Supply) Act, 1948 (LIV of 1948) the respondents are entitled to call for an arbitration in respect of an alleged dispute between them and the Board relating to the revision of rates payable by them for electric energy supplied by the appellant or its predecessor. The provisions of two Acts, the Indian Electricity Act, 1910 (IX of 19l0) and the Electricit































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