B.N.KIRPAL, DORAISWAMY RAJU, K.G.BALAKRISHNAN
Raymond Ltd. – Appellant
Versus
M. P. Electricity Board – Respondent
Raju, J. -- 1. The above batch of appeals arise out of a common judgment rendered in a batch of writ petitions by a Full Bench of the Madhya Pradesh High Court, since reported in Raymond Ltd. v. State of MP. [199 (1) JLJ 238 (FB)] and also the consequential separate orders passed subsequently by the Division Bench dismissing the writ petitions. The writ petitioner industries filed appeals against that portion of the opinion of the Full Bench confining the declaration of law made for prospective application only and the dismissal of the writ petitions, whereas, the Electricity Board had filed appeals against that portion of the opinion of the Full Bench declaring the position of law that whenever the contracted supply falls short of 40% of the contract load then the Board shall be entitled to charge only for the reduced energy actually supplied and not for 40% of the contract load as minimum charges and thereby overruling an earlier decision of a Division Bench of the said High Court reported in Gwalior Steels (P) Ltd. v. MP. Electricity Board. [1993 JLJ 306] For the purpose of appreciating the points raised, we would advert to the facts in one of these appeals, particularl
1. Gwaiior Steels (P) Ltd. v. M.P. Electricity Board = [1993 JLJ 306
2. L. Chandra Kumar v. Union of India = (AIR 1997 SC 1125).
4. Northern India Iron and Steel Co. v. State of Haryana = [(1976) 2 SCC 877]
5. Bihar SEB v. Dhanawat Rice and Oil Mills = [(1989) 1 SCC 452]
6. Andhra Steel Corpn. Ltd. v. A.P. SEB = [(1991) 3 SCC 263]
8. Orissa SEB v. IPI Steel Ltd. = [(1995) 4 SCC 320]
10. M.G. Natesa Chettiar v. Madras SEB = [(1969) 1 MLJ 69]
11. State of HP. v. Nurpur Private Bus Operators Union = 1(1999) 9 SCC 5591
12. Kesavananda Bharati v. State of Kerala = (AIR 1973 SC 1461)
13. K.S. Venkataraman & Co. (P) Ltd. v. State of Madras = [AIR 1966 SC 1089]
14. Union of India v. Mohd. Ramzan Khan = [(1991) 1 SCC 588: (1991) 16 ATC 505]
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