Gangele, J. -- 1. The appellant has filed this writ appeal against the order dated 16.7.2009, passed by the learned Single Judge in Writ Petition No. 1382/2009.

2. The appellant is a company incorporated and registered under the Companies Act, 1956. The appellant has been in business of manufacturing rectified spirit, extra Neutral Alcohol and also bottles Indian made foreign liquor. It entered into an agreement with the respondent-Electricity Board on 18th November, 1991 in regard to supply of electricity. Earlier agreement was of 4.10.1985. One of the condition of supply of electricity energy was that the appellant had to make guarantee of minimum consumption that would yield an annual revenue of Rs.34,747/-. The relevant clause 21 of the contract is as under:

"21.(a) The consumer shall from the date of utilisation of electrical energy, or from the date of expiry of the three month's notice mentioned in clause 2 her of guarantee such minimum consumption as when calculated at the tariff (excluding charges due to fuel adjustment clause, meter rent and miscellaneous charges) will yield an annual revenue of Rs.34,747/- (Rs. Thirty thousand seven hundred forty seven only) to pay