V.K.KHANNA, K.K.BIRLA
MODI INDUSTRIES LIMITED (STEELS), MODINAGAR, GHAZIABAD – Appellant
Versus
EXECUTIVE ENGINEER. ELECTRICITY DISTRIBUTION DIVISION, MODINAGAR, GHAZIABAD – Respondent
( 1 ) THESE are five connected writ petitions raising similar questions of fact and law. Lcarned counsel for the petitioner in these writ petitions and the learned counsel appearing for the respondents have raised common arguments in these writ petitions and thus they are being disposed of by a common judgment. Besides oral arguments, the petitioners in these cases have also submitted written arguments twice. The last written argument was submitted by the petitioners on 10/07/1991. The contentions raised in the written arguments have also been taken into account while disposing of these writ petitions.
( 2 ) ALL the petitioners are running various industries and for running their industries, are taking the electrical energy under written agreements from the respondents. The U. P. State Electricity Board, by different notifications issued from time to time u/s. 49 (l) of the Electricity (Supply) Act, 1948 imposed additional charges described as "coal variation adjustment", "fuel Gas variation Adjustment" and "fuel Surcharge". The validity of the aforesaid additional charges was challenged by filing writ petitions which were admitted and during the pendeney of the wr
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