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1995 Supreme(Pat) 183

S.K.CHATTOPADHYAYA
Pyrites, Phosphates And Chemicals Limited – Appellant
Versus
Bihar Electricity Board – Respondent


Judgment

1. The point for consideration in this writ application is as to whether the petitioner is entitled for remission in Annual Minimum Guarantee charges and maximum demand charges preferred by the petitioner.

2. The fact of the case lies in a narrow compass. The petitioner-Company entered into an agreement with the Bihar State Electricity Board (hereinafter referred to as the Board) for supply of High Tension electrical energy at 33 KVA supply. Originally the agreement was for a contract demand of 4000 KVA but subsequently the contract demand was revised at the request of the petitioner and fresh agreements were entered into. The said agreement was for : - From 15-10-1988 to 28-2-1989 - 4000 KVA From 1-3-1989 to 28-2-1992 - 9000 KVA From 1-3-1992 to till date - 7000 KVA.Bills were raised by the Board for shortfall in annual minimum guarantee charges (in short AMG charges) for the period 1988 to 1992 based on uninterrupted supply of electricity by the Board for 24 hours each day and for 365 days in the year. According to the petitioner, this bill was raised without giving any proportionate reduction for the duration of non-supply by the Board even though the supply was interrup









































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