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1973 Supreme(Pat) 103

MADAN MOHAN PRASAD
Bhagalpur Rolling Mills – Appellant
Versus
Bhagalpur Electric Supply – Respondent


Judgment

Madan Mohan Prasad, J.

1. This is an appeal against an order refusing the grant of injunction.

2. The appellant is a Rolling Mill, and it entered into an agreement with the respondent-Company for supply of electric energy for the purpose of running the mill. The Electric Company charged the plaintiff for the aforesaid supply of energy on the basis of the tariff for high tension supply. The bills were drawn up on the basis of supply at 325 Kilo-volt Amperes (KVA). It appears that differences arose between the two Companies in respect of the charges payable in the year 1971, Prior to that, since the agreement in the year 1968, the appellant had paid to the respondent at the rate claimed by the latter. As a result of the non-settlement of the difference aforesaid, a suit was filed by the appellant for a declaration that the Companys demand and realization on the basis of 325 KVA was illegal, that the Companys demand and realisation without considering restricted hours in calculating the supply was illegal and that the companys demand and charges on the basis of power factor at one unit while calculating the minimum units chargeable at 25% of load factor of contract demand were

















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