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1997 Supreme(Online)(Bom) 17

BOMBAY HIGH COURT
Not mentioned, Not mentioned
The Century Textiles and Industries Limited – Appellant
Versus
Maharashtra State Electricity Board – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rana
For the Respondents: Mr. Rajadhyaksha

Table of Content
1. petitioner disputes tariff based on unutilized demand under lock-out. (Para 1 , 2 , 3)
2. board's tariff regulations respond to the need for economic viability. (Para 4 , 5 , 6)
3. arguments center on fairness and legality of demand charges during circumstances beyond control. (Para 7 , 8 , 9)
4. justification of minimum charges reinforced by earlier legal precedents. (Para 11 , 12 , 13)
5. final ruling affirms board's billing practices as lawful. (Para 16 , 17)

1. Petitioner No. 1 - The Century Textiles and Industries Limited - is a company and petitioner No. 2 is a shareholder of the company. The issue raised in the petition is as to whether the Maharashtra State Electricity Board is entitled to charge for supply of electrical energy in accordance with the tariff for the supply of electricity at high tension in accordance with the provisions of clause 1 entitled "Minimum Bill" at the rate of 75% of the contract demand even when no demand is registered or the actual demand registered is much less than 75% of the contract demand owing to the circumstances beyond the control of the company like strike, lock - out etc.

2. Prior to 1st July, 1980, the company was receivin





































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