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1989 Supreme(SC) 236

M. N. VENKATACHALIAH, R. S. PATHAK, S. NATARAJAN, S. RANGANATHAN, SABYASACHI MUKHARJEE
Maharashtra State Electricity Board – Appellant
Versus
Thana Electric Supply Company – Respondent


Advocates:
A.K.SEN GUPTA, A.K.VERMA, A.M.KHANWILKAR, A.S.BHASME, A.Subhashini, ARUN MADAN, B.H.VANI, D.N.Mishra, HARISH N.SLAVE, J.B.DADACHAN, JOEL PERES, M.A.Firoz, M.L.DHAMUKA, R.A.DADA, R.F.NARIMAN, S.B.Bhasme, T.R.ANDHYARJUNA, V.S.DESAI

Judgment

VENKATACHALIAH, J.:- These appeals, the first two by the State Electricity Board of Maharashtra, by certificate, and the State of Maharashtra, by special leave, arise out of and, are directed against the same judgment dated 20-7-1984, of the High Court of Judicature at Bombay made in proceedings under Art. 226 of the Constitution in Misc. Petn. No. 1115 of 1977: (reported in AIR 1985 Bom 48). The writ-petition before the High Court was filed by the respondent -The Thana Electricity Supply Company Limited - (Company for short) challenging the constitutional validity of Ss. 4, 5 and 6 of the Indian Electricity (Maharashtra Amendment) Act, 1976, (Maharashtra Act No. XLIV of 1976) ("Amending Act of 1976", for short) and S. 2 of the Indian Electricity (Maharashtra Amendment and Validation) Act, 1974. Respondent-Company by its CMP of 1984 (CA No. 243 of 1985) sought certain reliefs which had been disallowed by the High Court. That CMP was treated as a petition for grant of Special Leave and Special Leave was granted on 11-1-1985. That is how CA 243 of 1985 has come to be registered.

2. The compass of the controversy before the High Court could broadly be indicated:

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