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2001 Supreme(Cal) 569

Bhaskar Bhattacharya
Bhartia Steel & Forging Industries – Appellant
Versus
Calcutta Electric Supply Corporation – Respondent


Advocates:
Advocate Appeared:
A. K. Panja, P. Chatterjee, P. Dutta & S. K. Biswas for the petitioner;
A. K. Mitra, Joy Saha for the respondents.

JUDGMENT

B. Bhattacharya, J. The plaintiffs, consumers of electricity, have filed the instant suit thereby praying for the following reliefs:

"a. Leave under section 80 (2) of Code of Civil Procedure to institute the suit.

b. Leave under Order 1 Rule 8 of the Code of Civil Procedure.

c. Declaration that conditions of supply dated 15th May, 2000 published by defendant No.1 allegedly under section 21(2) of the Indian Electricity Act, 1910 are illegal, bad, ultra vires the Indian Electricity Act, 1910, unconstitutional and thereby not enforceable against the petitioner.

d. Declaration that the impugned order dated 18.11.2000 purportedly passed by the defendant No.1 as mentioned in paragraph 13 above is wrongful, illegal, bad and not enforceable against the petitioners.

e. Declaration that the purported bills dated 18.11.2000 raised by the respondent No.1 in terms of the purported order as mentioned in prayer (d) above, are also not enforceable against the petitioners and the same are also bad and illegal.

f. Declaration that purported bills being bill Nos. 2 and 3 as forwarded under letter dated 23rd June, 2001 by the respondent No.1 as mentioned in para 34 above are not enforceable against






















































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