JUDGMENT

Sanjib Banerjee, CJ. - In view of the good grounds shown, the marginal delay of about 28 days in preferring the appeal is condoned. The appeal is received on board and taken up for immediate hearing.

2. The appeal is directed against a judgment and order of July 1, 2022 passed on the first respondent's petition under Article 226 of the Constitution.

3. There is no dispute that the first respondent is part of a collective body that goes by the name of Byrnihat Industries Association (BIA) and is registered under the Meghalaya Societies Registration Act, 1983. The members of BIA require electricity for industrial purpose and, as such, the society approached the appellant herein for obtaining electricity supply to the industrial units of its members at a concessional rate. It may be indicated at the outset that the tariff for supply of electricity is fixed by the Meghalaya State Electricity Regulatory Commission in accordance with the statutory requirements.

4. A memorandum of understanding was entered between the appellant and BIA for sale of power to its member industrial concerns at a special rate on or about October 7, 2020. Since the MoU provided for electricity to be suppli