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1984 Supreme(SC) 66

D.A.DESAI, V.BALAKRISHNA ERADI
Rohtas Industries LTD. : Usha Martin Black LTD. : Shriram Bearings LTD. – Appellant
Versus
Chairman, Bihar State Electricity Board: Bihar State Electricity Board: Bihar State Electricity Board – Respondent


Advocates:
A.K.SEN GUPTA, ADAM KHAITAN, ANIL SHARMA, C.S.VAIDYALINGAM, C.S.VAIDYANATHAN, K.K.VENUGOPAL, L.N.Sinha, N.R.Khaitan, P.P.SINGH, PADAM KHAITAN, PARVEEN KUMAR, PARVIN KUMAR, PRAMOD SVARUP, RAM BALAK MEHTA, S.VAIDHYANATHAN, SHANKAR GOPAL PAGIRE

JUDGMENT

BALAKRISHNA ERADI, J.:—These appeals (by special leave) and the Special Leave Petition involve common questions concerning the validity of the supplementary bills issued to the appellants by the 1st respondent, Bihar State Electricity Board, for "fuel surcharge" as per the revised tariff dated 1st April, 1979, and hence they were heard together. Having regard to the fact that by reason of interlocutory orders passed by this Court, the realisation of large amounts demanded from the appellants by the respondent by way of charges for electric energy supplied by it stood stayed and the consequent urgency in passing final orders in these cases, as soon as the hearing was completed we passed the following order announcing the conclusion reached by us:

"All these Civil Appeals and Special Leave Petition are dismissed with costs in each case. All interim orders made in each of these matters at various stages are vacated. Reasons will follow".

We now proceed to state the reasons in support of the said conclusion.

2. The Bihar State Electricity Board (hereinafter called the Board) is incorporated under Section 12 of the Electricity (Supply) Act 1948 (hereinafter referred to as the Act




































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