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2020 Supreme(SC) 347

DEEPAK GUPTA, ANIRUDDHA BOSE
BIHAR STATE ELECTRICITY BOARD ETC. – Appellant
Versus
ICEBERG INDUSTRIES LTD. AND OTHERS ETC. – Respondent


Advocates Appeared:
For the Parties :Navin Prakash, Harpeet Singh Gupta, (State of Bihar), Susmit Pushkar, Abhinav Mukerji, E. C. Vidya Sagar, Advocates

JUDGMENT

Aniruddha Bose, J.

These appeals are directed against a judgment of a Division Bench of the Patna High Court affirming in substance the decision of the learned Single Judge in disposing of three writ petitions in disputes arising out of obligation of the first respondent to pay certain sum categorised as Annual Minimum Guarantee (AMG) and certain other charges to the Bihar State Electricity Board. The appellant was the Board. The complaint of the first respondent, Iceberg Industries Ltd. (the company) over disconnection of their supply which they argued to be illegal was sustained by the Single Judge and it was also held by the First Court that the said company was not liable to pay AMG and certain other charges as per Board's computation. The judgment of the Division Bench was delivered on 7th February 2013. The company had entered into an agreement for supply of electricity with the appellant Board for contract demand of 1,000 KVA on 16th April 2004. This was for supply of high-tension electricity connection for setting up of a brewery. Supply to the company was energised on 06.05.2005. The dispute involved in the three writ petitions giving rise to these appeals originate


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