Judgment

B.K. PATEL, J.

In this writ petition, the petitioner-consumer has made prayer to quash demand notice dated 21.10.2011 as revised by notice dated 25.10.2011 at Annexure-8 series for Minimum Charges issued by the opposite parties representing distribution company WESCO and to direct opposite parties to refund security deposit made by the petitioner under Agreement dated 5.9.2009 at Annexure-2 with interest with effect from 1.8.2011.

2. Facts culminating in filing of the writ petition are as follows:

2.1 Petitioner, a company registered under the Companies Act, 1956, is engaged in manufacturing of sponge iron and generation of electricity by a captive power plant (CPP).

2.2 The petitioner and WESCO entered into standard Agreement dated 23.4.2005 and Amended Agreement dated 25.6.2008 at Annexure-1 series respectively for supply of 3000 KVA power to the petitioner initially and reduction of contract demand from 3000 KVA to 1500 KVA w.e.f. 1.1.2008 subsequently. Paragraph 3 of the Amended Agreement dated 25.6.2008 provided, inter alia,

“The previous agreement executed with M/s Aryan Ispat & Power Pvt. Ltd. on 23rd April, 2005 will be superseded by the present Agreement w.e.f 01.0