Judgment

VENKATACHALIAH, J.:- This appeal by special leave, is by Messrs Fertilizers & Chemicals Travancore Limited and is directed against the judgment and order dated 13-6-1973 of the Division Bench of the Kerala High Court in Writ Appeal No. 103 of 1971 affirming the order dated 26-11-1970 of the learned single Judge in O. P. No. 3772 of 1968.

The High Court dismissed the appellants writ petition challenging the enhancement of the electricity tariff from Rs. 110/- per K.W. per annum to Rs. 200/- per K.W. per annum. The enhancement was made by the Kerala State Electricity Board (Board for short) pursuant to the power reserved to it under Regulation 11 of the Kerala State Electricity Board (General Tariffs) Regulations, 19,66 ("Regulation") framed under S. 79(j) read with S. 49(l), Electricity (Supply) Act, 1948, (Act). The enhancement was to take effect from 16-8-1968. The period to which the challenge pertains is between 16-8-1968 and 1-1-1970.

The appellant assailed this enhancement before the High Court on grounds, inter alia, that the terms for the supply of electricity to appellants industrial unit manufacturing fertilizers were governed by an agreement dated 21-10-1948 entered