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1997 Supreme(SC) 38

G.T.NANAVATI, K.RAMASWAMY
Indian Maize And Chemicals – Appellant
Versus
State Of U. P. – Respondent


( 1 ). Delay condoned.

( 2 ). The petitioner is, through this petition, assailing the correctness of the order of the Allahabad High court, Lucknow bench, made on 26/7/1996 in Writ Petition No. 2109 of 1996. The petitioner got the electricity connection from the respondent-U. P. State Electricity Board on 6/2/1990 for the supply of electric energy of 1650 KVA. The petitioner had executed an agreement and also complied with the formalities for the supply of electricity in terms of the Indian Electricity Act, 1910. The petitioner claimed the rebate on the basis that he had established the industry in an undeveloped area but we are not concerned with that controversy. Admittedly, a sum of Rs. 49. 95 lakhs was due from the petitioner. On a demand raised by the Board on 4/6/1996 in that behalf, the petitioner approached the High court. The petitioner, with a view to avoid disconnection had agreed with the Board on 10/6/1996 for payment of the above outstanding amount in 12 monthly instalments and the Board had agreed for the same and given reconnection subject to the petitioner paying the amount as agreed. The petitioner after depositing one instalment, committed default in the payment.





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