J.S.VERMA, I.S.ISRANI
D. C. M. LTD. – Appellant
Versus
ASSTT. ENGINEER (HMT SUB-DIVN. ), R. S. E. B. , KOTA – Respondent
J. S. VERMA, C. J.
( 1 ) THIS is a special appeal against the order of a learned single Judge (N. M. Kasliwal) in S. B. Civil Writ Petition No. 1024 of 1984, decided on May 14, 1986 by which the writ petition has been partly allowed to the extent a concession was made by the respondent-Rajasthan State Electricity Board (hereinafter to be referred to as the R. S. E. B. ), but has been dismissed for the remaining part. The only relief granted to the petitioners on the basis of the concession made by the R. S. E. B. is a direction for proportionate reduction in the minimum charges claimed by the R. S. E. B. to the extent of the power cuts during the relevant billing month; revision of the bills for payment of minimum charges on this basis; and refund if any, due to the petitioners as a result of revision of the bills. The main grievance of the petitioners in the writ petition that Cl. 16 (c) of the agreement dt. /- Dec. 15, 1981 between petitioners and R. S. E. B. , particulars of which are stated hereafter, requiring payment of minimum charges at almost three times the normal rate specified for other similar heavy consumers being invalid cannot be enforced still survives, si
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