ORDER :- The Plaintiffs have filed this suit challenging the right of the Bombay Electric Supply and Transport undertaking to demand from them a deposit representing the value of three months' average consumption of electricity as security for the supply of electric energy to them. The 1st defendants, namely, the Municipal Corporation for Greater Bombay are licensees within the meaning of Section 3 of the Indian Electricity Act, 1910. They own and operate the Bombay Electric Supply and Transport Undertaking. By an agreement in writing dated July 9, 1964 the defendants agreed to supply to the Plaintiffs electric energy for their factory at Mazgaon, Bombay-10, on the terms and conditions mentioned in the agreement.

Clause 13 of the agreement is as under:-

"Cl.13. Deposits :- Consumer shall deposit whenever required by the Corporation in cash or Government Securities such sum as shall represent the value of three months' previous consumption as security for the due payment for energy supplied under this agreement and of any sum which may become payable to the Corporation under this agreement.

The said Corporation will allow interest at a rate equal to Post Office Savings Banking in fo

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