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2002 Supreme(Guj) 495

D.A.MEHTA
LAPSI FILAMENTS PRIVATE LIMITED – Appellant
Versus
GUJARAT ELECTRICITY BOARD – Respondent


Advocates Appeared: GIRISH PATEL, JITENDRA MALKAN, M.D.PANDYA, M.R.MENGDEY

D. A. MEHTA, J.

( 1 ) RULE. Mr. M. D. Pandya, learned advocate appears and waives service of rule on behalf of Respondent No. 1 and Mr. Mengdey, learned A. G. P. appears and waives service of rule on behalf of Respondent Nos. 2 and 3. By consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

( 2 ) THE petitioner is a Limited Company who is a High Tension consumer of the Gujarat Electricity Board i. e. Respondent No. 1. By way of the present petition the order dated 2 2/05/2001 passed by the Electrical Inspector, Surat under Section 26 (6) of the Indian Electricity Act, 1910 is challenged on the various grounds stated in the petition as well as those which were urged during the course of hearing. Against the aforesaid order the petitioner preferred an appeal, as provided under Section 36 of the Act which came to be rejected on 6/10/2001.

( 3 ) MR. GIRISH Patel, learned senior advocate with Mr. Jitendra Malkan has challenged the order of the Electrical Inspector by contending that the order suffers from basic infirmity as being one which was passed without application of mind, was a non-speaking order, and the Electrical










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