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1931 Supreme(Cal) 194

SUHRAWARDY, GRAHAM
Burdwan Electric Supply Co. – Appellant
Versus
Srimati Kumud Kumari Choudhury – Respondent


JUDGMENT

Graham, J. - These appeals are by the defendant, the Burdwan Electric Supply Company and arise out of suits brought by the plaintiffs now respondents, for a declaration that the defendant company cannot charge at a rate exceeding six anna per unit with a rebate of 10 per cent, if bills are paid within ten days of their presentation, and with a further special rebate of one anna per unit for house wiring done by the company; also for a declaration that the defendant company cannot get any kilowatt charge, or impose anything more than the above rate, and for an injunction restraining the company from cutting off electric connexion and from discontinuing the supply of electric energy.

2. The circumstances which resulted in the institution of the suits are shortly as follows: The plaintiffs-respondents are rate-payers of the Burdwan Municipality, and are the owners of certain holdings situate within that Municipality. The defendant company applied to Government in 1920 for a license to supply electricity to that town, and on 30th July 1920 entered into an agreement with the Municipality to supply electric power within the compulsory electric area to private consumers at the rate

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