S.K. Chawla, J.--1. The question involved in this writ petition is, whether a consumer of high tension industrial power, on account of interrupted supply of electrical energy due to power cuts, is relieved of the obligation to pay minimum monthly charges and is liable to pay only to the extent of electrical energy actually consumed by him'?

2. The petitioner, M/s. Gwalior Steels Private Limited, is a Company under the Companies Act, 1956, having a Mini Steel Plant at Banmore, District Morena, M.P., manufacturing special alloy steel castings and sections. The plant was granted high tension industrial power connection by Madhya Pradesh Electricity Board (respondent herein) under an agreement, Annexure-A. It was undertaken under the agreement, that the petitioner would be supplied electricity for a load of 3500 K.V.A. (Kilo Volt Amperes) on 33 K.V. That demand of electricity having been contracted to be supplied is called "contract demand", a phrase which may have to he used in discussion hereafter.

3. It is easy to visualise that there may be two kinds of bases to charge for the electricity. One basis may he to charge it on the rate of in low or load of electricity supplied, i.e.,