Mathur, C.J. -- 1. This is a reference made by the Division Bench of this Court vide order dated 11th September, 1997 in writ petition Nos. 3616/95, 3981/95, 4099/95, 169196, 430/96, 4104/95, 431/96, 507/96 and 4711/96 to reconsider the decision given by the Division Bench of this Court in the case of M/s. Gwalior Steels Private Limited v. MP. Electricity Board (1993 JLJ 306 = AIR 1993 MP 118) that an obligation is on the consumer to pay 40% load factor of the contract demand every month as the minimum charge irrespective of the fact whether the M.P. Electricity Board (for short the Board) supplies 40% of the load factor every month or not.

2. In order to dispose of this reference, facts of W.P. No. 3616 of 1995 (M/s. Raymond Limited and another v. State of M.P. and others) are taken into consideration.

The petitioner is a company registered under the Companies Act 1956, having its registered office at Ratnagiri in the State of Maharashtra. Its cement manufacturing division is situated at Gopalnagar, Tahsil Janjgir, District Bilaspur (M.P.). The petitioners by way of this writ petition challenge the bill dated 18.10.1995 (Annex P2). They have also prayed that the respondent 3 and 4

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