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1978 Supreme(Bom) 12

KANTAWALA, DESAI
Bharat Barrel and Drum Manufacturing – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


Advocates:
S.D. Parekh with R.A. Kapadia instructed by M/s. Bachubhai Munim and Co., for Appellants; K.K. Singhavi, for Respondents.

Judgement

DESAI J. :- The appellants before us are the original petitioners in Misc. Petition No. 765 of 1972. They have preferred this appeal from the decision of Nain J. in the said petition dismissing the same with costs.

2. The appellants are manufacturer of barrels and drums and for the purpose of their manufacturing activity consume electricity which is supplied by the B.E.S.T. Undertaking owned by the 1st respondent Corporation. The 2nd respondent to this appeal, who was also the 2nd respondent to the original petition, was at the relevant time an Officer of the B.E.S.T. Undertaking. The appellants filed their petition for an appropriate writ, order or direction requiring the respondents to withdraw or cancel the notice dated 31st Oct. 1972, by which it was threatened that the electric supply of the petitioners would be disconnected on account of non-payment of the sum of Rs. 3,30,853.68 mentioned is the said notice. In order to understand the rival contentions, it will be necessary to mention the following facts.

2A. Prior to 1st April 1960 the appellants had been provided with metering equipment consisting of current transformers of the ratio of 40 : 5 on the basis of the app


















































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