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2004 Supreme(Bom) 1007

D.Y.CHANDRACHUD
Indian Seamless Steels and Alloys Ltd. & another – Appellant
Versus
Rajendra Darda & others – Respondent


JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:—In June, 1993 the first petitioner established a mud alloy steel plant at Jejuri in the District of Pune and commenced production. On 3rd April, 1993 an agreement was entered into with the Maharashtra State Electricity Board for the supply or power. The second schedule to the agreement set out the Conditions and Miscellaneous charges for the Supply of Electricity. Condition 20(c)(vii) provided thus :

"20(c)(vii) in the event of the meter being out of order for any reason during any month, the consumption for the month will be determined on the basis of the average consumption over the preceding three months period, and the bill for the month will be prepared accordingly and become payable by the consumer. However in the case of the consumers billed on quarterly or six monthly period basis, the consumption during the period when the meter is out of order will be the same consumption made by him during the preceding quarter/six months period respectively. The faulty meter will be replaced by another one in good working order immediately or the same will be replaced and reinstalled as expeditiously as possible. In case the meter belongs to the con


















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