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1997 Supreme(SC) 435

B.P.JEEVAN REDDY, K.S.PARIPOORNAN
KANORIA CHEMICALS AND INDUSTRIES LTD. – Appellant
Versus
U. P. STATE ELECTRICITY BOARD – Respondent


Advocates:
relied on : Shree Chamundi Mopeds Ltd. v. Church of South India Trust Assn., 1992 3 SCC 1
distinguished : Hialco Industries Ltd. v. State of U.P.
explained and distinguished : Adoni Ginning Factory v. Secy., A.P. Electricity Board, 1979 4 SCC 560

Judgment

B. P. JEEVAN REDDY, J.

( 1 ) LEAVE granted in special leave petitions.

( 2 ) THESE appeals are preferred against the judgment of a division bench of the Allahabad High court dismissing the writ petitions filed by the appellants. The appellants are large consumers of electricity.

( 3 ) BY a Notification dated 21/4/1990, the Uttar Pradesh State electricity board had revised the electricity rates/tariffs under Section 49 of the electricity (Supply) Act, 1948. The notification inter alia provided for payment of interest in case the bill amount is not paid within the specified period. Clause 7 (b) read as follows:"7. (b) For delayed payment.- In the event of any bill of whatever nature it may be not being paid by the due date specified therein, the consumer shall pay an additional charge per day of seven paise per hundred rupees or part thereof on the unpaid amount of the bill for the period by which the payment is delayed, beyond the due date specified in the bill, without prejudice to the right of the Board to disconnect the supply. "

( 4 ) THE validity of the aforesaid notification was questioned in the allahabad High court by way of a writ petition filed by the Eastern U. P. C













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