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1988 Supreme(SC) 576

L.M.SHARMA, A.P.SEN
Jiyajeerao Cotton Mills LTD. – Appellant
Versus
M. P. Electricity Board – Respondent


Advocates:
ANIL BHATNAGAR, D.GUTPA, DHRUV AGARWAL, KIRAN CHOUDHARY, KRISHAN KUMAR GOGNA, M.C.BHANDARE, M.L.JAISWAL, O.P.KHAITAN, S.K.Gambhir, S.N.KACKAR, VIVEK GAMBHIR

JUDGMENT

SHARMA, J. :— The dispute in these appeals is in regard to the additional demand of electric charges made by the respondent No. 1 on the appellant No. 1 for energy consumed. By a writ application filed before the Madhya Pradesh High Court the appellant challenged the demand of Rs. 1,80,97,880.97 for the period 12-11-1979 to 30-6-1981. Except for granting a minor relief as indicated in paragraph 45 of its judgment, the High Court dismissed the writ application. The writ petitioner-appellants have impugned the judgment before this Court by special leave.

2. The appellant No.1 Jiyajeerao Cotton Mills Ltd. (hereinafter referred to as the Company) which runs a textile mill in Gwalior, entered into an agreement dated 27-10-1971 with the respondent No. 1 Madhya Pradesh Electricity Board (in short the Board) a licensee under the Indian Electricity Act, 1910 (hereinafter referred to as the 1910 Act) to supply of electricity in accordance with the terms and conditions mentioned therein. The quantity of electricity to be supplied varied from time to time under. supplementary agreements and the Board had to supply 2500 K.W. on H.T. basis with effect from 1-11-1973. Since 1975 the Board













































































































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