JUDGMENT :

SONIA GOKANI, J.

1. Aggrieved by the judgment and order dated 28.09.2021 passed by the learned 2nd Additional Senior Civil Judge, Surat, where the learned Judge dismissed the Commercial Civil Suit No.4 of 2020 (Old Special Civil Suit No.373/2016) filed by the appellant-original plaintiff as having become infructuous, the appellant chooses to prefer the present appeal in the following factual background.

1.1 The appellant is a company registered under the provisions of the Companies Act, 1956 undertaking the business of supply and distribution of electricity in the certain region in the State of Gujarat.

1.2 The Essar Steel India Limited now known as Arcelor Mittal Nippon Steel India Limited (‘the Arcelor Mittal’ hereinafter) sets up a plant for manufacture of hot rolled steel coil at Hazira in the year 1991. To cater to the needs of Essar Steel India Limited (‘the Essar Steel’ hereinafter) and other group of Companies, the appellant had set up a power plant of 515 megawatt at Hazira in the year 1995. Out of 515 megawatt of electricity generated/produced by the Essar Powe