( 1 ) THE plaintiff's case in the plaint is shortly as follows:--By an agreement dated Oct. 29, 1930, by and between the plaintiff and the Madras and South Mahratta Railway Company Ltd. , the latter undertook to supply electric energy to the plaintiff from its power house at Talchar, Orissa on terms and conditions set out in the said agreement. Sometime after 1935, the said Railway Company was acquired by the Government of India and all its assets and liabilities including its rights and obligations under the aforesaid agreement vested in the Government. In Oct. 1965, the National Coal Development Corporation Pvt. Ltd. (hereinafter referred to as the said Corporation) was incorporated, and it inter alia having taken over the said power house at Talchar, rights and obligations of the Government under the said agreement, stood vested in the said Corporation. On October 23, 1975, the name of the said Corporation was changed to Central Coalfields Ltd.

( 2 ) LONGSTANDING disputes between the plaintiff and the predecessors in interest of the defendant in respect of dues of the defendant on account of electricity supplied from the said power house and enhancement of rat