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2005 Supreme(SC) 698

A. R. LAKSHMANAN, G. P. MATHUR
Bombay Electric Supply And Transport Undertaking – Appellant
Versus
Laffans (India) Private LTD. – Respondent


Judgment

R.C. Lahoti, CJI—This appeal, by special leave, has been preferred against the judgment dated 10.3.1995 of the Division Bench of Bombay High Court, by which the Letters Patent Appeal filed by first respondent, Laffans (India) Pvt. Ltd. was allowed, the judgment dated 17.3.1993 of the learned Single Judge dismissing the writ petition was set aside and the notice of disconnection of electricity supply issued by the appellant was quashed.

2. The appellant, Bombay Electricity Supply and Transport Undertaking is an undertaking of Municipal Corporation of Greater Bombay (second respondent) and is a licensee under the Indian Electricity Act, 1910 (hereinafter referred to as “the Act”). The appellant was supplying electricity to the first respondent, Laffans (India) Pvt. Ltd. who had a showroom at Veer Nariman Road, Bombay, for carrying on business of retail trade in textiles. The appellant had installed two meters at the premises of the first respondent, for measuring the quantity of electricity consumed: one - by lights, fans and other small fixtures, and, the other - by the air-conditioning unit. The dispute here relates to the meter measuring the quantity of electricity consumed










































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