JUDGMENT

P. K. GOSWAMI, J.:—This judgment will govern both the above mentioned appeals.

2. We may take the facts briefly from Civil Appeal No. 107 of 1975.

3. The Orissa Textile Mills Limited is a public limited company (briefly the company) and is engaged in manufacture of textile articles. It is located at Choudwar in the District of Cuttack (Orissa). On May 12, 1960, the company (described in the agreement as Consumer) entered into an agreement with the State of Orissa (described in the agreement as the Supplier) for supply of electric power. The contract was for a period of five years from the date of supply of electric power, namely, February 1, 1963 and it was thereafter to so continue unless and until the same was determined by either party giving to the other six calendar months notice in writing of the intention to terminate the agreement. It is common ground that the agreement has not been terminated.

4. It may be appropriate at this stage to refer to a few clauses in the agreement. Clause 12 provides for charges to be paid by the consumer as well as about maximum demand. Clause 13 reads as follows :

"The tariff and conditions of supply mentioned in this agreement shall be