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1998 Supreme(Gau) 245

N.C.JAIN, P.G.AGARWAL
National Boards Ltd. : Kamrup Paper Mills Ltd. ; Federation of Industries; Assam Carbon Products Ltd. ; Jayshree Tea and Industries Ltd. and Ors. – Appellant
Versus
Assam State Electricity Board – Respondent


Advocates Appeared:
S.K.Kejriwal, S.Shyam, S.Kejriwal, S.D.Devnath, S.C.Kayal, S.Ahmed , R.Bhattacharjee , P.K.Goswami, N.N.Saikia, S.P.Roy, M.Hazarika, N.M.Lahiri, J.Parajuli , D.Thakur, C.K.Sharma Barua, B.W.Phira , A.K.Das, N.Choudhary, A.Dey

P. G. Agarwal, J.—

By this common judgment we propose to dispose of the above mentioned writ appeals and the civil rules. All the appellants/petitioners are consumers of electricity except appellant in Writ Appeal No.343 of 1997 which happens to be Federation of Industries, NE Region (FINER) representing various Associations of industries. The Assam State Electricity Board, hereinafter referred to as the 'Board' issued a notification revising tariff wef 8.9.94. Thereupon the present appellants and other consumers approached the High Court by filing writ petitions. Vide order passed on 3.9.94 in Civil Rule 3428 of 1994 this Court directed that during the pendency of the writ petition the Board may prepare the bills on the basis of revised tariff but the enhanced amount shall not be realised until further orders. The Board approached the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 15734 of 1994. The Apex Court directed that the revised tariff may be recovered from the consumers to the tune of 50% of the enhancement and stayed the realisation of balance 50%.

2. Vide order dated 17.2.95 the learned Single Judge allowed the writ petition whereupon the Board preferred Writ



































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