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1967 Supreme(Guj) 82

N.M.MIABHOY, N.K.VAKIL
Shantilal R. Desai – Appellant
Versus
P. N. Vyas – Respondent


Advocates:
S.B. Vakil, for Applicant; B.R. Shah, Asst. Govt. Pleader with K.L. Talsania, Addl. Govt. Pleader (for No. 1) and C.T. Daru, (for No. 2), for Opponents.

Judgement

VAKIL, J. : This petition raises the question of proper construction of Section 24(2) of the Indian Electricity Act, 1910 hereinafter referred to as 'the Act'. The petitioner is the licensee within the meaning of the said Act as also the Electricity (Supply) Act, 1948 and is the sole owner of the Bilimora Electric Power Supply Company. The petitioner does not generate electricity but receives electrical energy from the Gujarat Electricity Board and distributes it in the town of Bilimora. The petitioner supplied electrical energy of high-tension as well as low-tension. As regards the supply of high tension power, the tariffs for the payment of charges for the supply of energy have been fixed by the Gujarat Electricity Board and they are known as Grid Tariffs. There are two schedules of tariffs called TH/HTP-1 and TII/HTP-2. The Schedule HTP-2 applies in respect of supply of high-tension power for the combined purposes of lighting and power services in cases where the consumption for lighting purposes is 15 percent and above but does not exceed 50 per cent of the total consumption. Respondent No. 1 is Electrical Inspector. Respondent No. 2 partnership is a consumer and under














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