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1982 Supreme(Goa) 3

GUSTAVO FILIPE COUTO
Chowgule and Company, Goa and another – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
A.M. Setalvad, Sr. Counsel with J.F. Pochkhanawalla and G. Tamba, for Petitioners; J. Dias, Govt. Advocate, for Respondents.

Judgement

ORDER :- Petitioners, herein M/s. Chowgule and Company Private Limited and Ashok Vishwasrao Chowgule seek in this writ petition a declaration that whilst the power cut was in operation, respondents were not entitled to claim from them the full demand charges, the liability of the petitioners No.1 being to pay only the said demand changes reduced pro rata to the extent to which the supplies were made, and also a direction to the respondents not to charge the full demand charges as per the contract and Tariff, whilst respondents were unable to supply the contracted quantities and further to refund to the 1st petitioners the sum of Rs. 1,39,800/- and any other demand charges collected illegally from them.

2. The case of the petitioners is as under :-

The 1st petitioners carryon business inter alia, as mine owners and operate certain mineral processing plants, palletisation plants and also have a ship building yard and a textile mill. For the aforesaid purpose, they require electricity which is supplied to them by the respondents under an agreement dated 8th Feb., 1978. This agreement is to be read and construed in conformity with the provisions of the Electricity Act, 1910 an






















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