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2009 Supreme(SC) 197

MARKANDEY KATJU, R.M.LODHA
Karnataka Power Transmission Corpn. – Appellant
Versus
Ashok Iron Works Pvt. Ltd. – Respondent


JUDGEMENT

R.M. Lodha, J. —

These two appeals by special leave, involving common questions, were heard together and are being disposed of by this judgment.

2. As the principal arguments have been advanced in Civil Appeal No. 1879/2003, we take up the facts of that appeal which are thus, briefly put. M/s Ashok Iron Works Private Limited (for short, ‘the company’) is a Private Limited Company and engaged in the activity of manufacture of iron products. The company applied for the supply of electrical energy (2500 KVA) to the Karnataka Electricity Board (now Karnataka Power Transmission Corporation and hereinafter referred to as ‘KPTC’). The application made by the Company was cleared by the Single Window agency and supply of electric energy 1500 KVA was sanctioned. The company is said to have deposited an amount of Rs. 8,40,000/- on 1st February, 1991 as per demand. KPTC did not commence supply of electricity as agreed upon and that necessitated the company to approach Karnataka High Court for a direction to KPTC to supply the sanctioned energy. On 16th April, 1992, the High Court directed KPTC to supply electrical energy as per sanction forthwith and subsequently, time for supply of























































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