1972 Supreme(All) 236
C.S.P.SINGH
Hindustan Aluminium Corporation. Ltd. – Appellant
Versus
The U. P. State Electricity Board – Respondent
Advocates:
N.B. Singh, K.L. Misra. Devendra Swarup, Umesh Chandra, for Petitioner; R.N. Trivedi. Standing Counsel, for Respondent.
JUDGMENT :- The petitioner is a public limited company, and owns and runs an aluminium factory at Renukoot in the district of Mirzapur. The aluminium industry is a power based industry, in the sense that electrical energy is essential for the manufacture of aluminium. On the 29th of October, 1959, it entered into an agreement with the State of Uttar Pradesh for the supply of 55,000 K. W. of electricity from the Rihand Hydel Station (Annexure I to the petition). Clause 12 (b) of the agreement provided that in case the total generation of energy of the Rihand Hydroelectric generation station was reduced by causes beyond the Government's control, then the energy available would be rateably distributed amongst all consumers. Clause 13 (b) of the said agreement made it incumbent for the company to pay each bill within thirty days of the delivery thereof with five days of grace. In case the company disputed any item of the bill, it had to notify the Government in writing within thirty days of such dispute, but was not entitled to withhold payment. Clause 13 (d) provides for disconnection of the supply, In case the company neglected or refused to pay any amount payable under the bills. Cl
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