Judgment

RAMASWAMI, J.:- The appellant, the Sihor Electricity Works Ltd., is a public limited company carrying on the business of generating and distributing electrical energy under the licence granted to it under the Indian Electricity Act, 1910, having its supply area within the limits of Sihor Town situated in the district of Bhavnagar in Saurashtra. The first respondent is the Gujarat Electricity Board which is a Corporation constituted under the Electricity (Supply) Act, 1948 for the purposes of generation, supply and distribution of electricity in the State of Gujarat. The second respondent is the Saurashtra Electrical and Metal Industries (Private) Ltd., a private limited company carrying on the business of manufacturing electrical accessories etc., and having its factory at Sihor within the area of supply the appellant company. The appellant company was originally generating and distributing electricity but at the relevant time it was a distributing licensee distributing the energy purchased in bulk from the first respondent within its area of supply.

2. The appellant brought a suit against the respondents in the Court of Civil Judge Junior Division) of Sihor being Civil Suit