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1986 Supreme(All) 20

N.D.OJHA, R.K.SHUKLA
MODI INDUSTRIES LTD. – Appellant
Versus
U. P. S. E. BOARD – Respondent


Advocates Appeared:
S.C.BUDHWAR, SUDHIR CHANDRA AGARWAL, Vishnu Sahai

N. D. OJHA, J.

( 1 ) THE petitioner is a private limited company incorporated under the Companies Act, 1956. It is engaged in the manufacture and sale of iron and steel products in the district of Ghaziabad and shall hereinafter be referred to as the Company. In order to run the factory the Company entered into agreements with the respondents for supply of 9500 KVA of electrical energy continuously for 24 hrs. The U. P. State Electricity Board (hereinafter referred to as the Board) vide notifications issued from time to time framed uniform tariffs in exercise of the power conferred on it by S. 49 (1) of the Electricity (Supply) Act, 1948 (hereinafter referred to as the Supply Act ). Some of these tariffs also provide for charge of "coal price variation adjustment" and "fuel cost variation adjustment" as well as for "fuel surcharge". These writ petitions have been filed challenging the levy of the aforesaid charges for different periods by the various notifications mentioned above. Some of the impugned notifications were issued prior to the institution of these writ petitions and the rest thereafter. By applications made for amendment of the writ petitions which were allowed the not

































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