Two per cent was mistakenly mentioned for one per cent, Though the appellants and others were thus expressly put on numberice of the claim of the Electricity Board for payment of surcharge in the event of the appellants failing in their appeals in the Supreme Court, the appellants did number seek to get any clarification from toe Supreme Court.
187 dated 30th January, 1955.
Once again, the appellants and others filed Writ Petitions in the High Court questioning the demand of the Electricity Board for payment of surcharge.
The Andhra Pradesh State Electricity Board preferred appeals under Clause 15 of the Letters Patent.
A few of the companysumers have preferred these two appeals to this Court.
G O. No.
After the appeals were allowed by the Division Bench, the Andhra Pradesh State Electricity Board, to whom the Government had transferred the Electricity Undertakings with effect from 1st April, 1959, issued bills to the several companysumers calling upon them to pay the arrears of enhanced charges At this stage the companysumers were number called upon to pay any surcharge on the arrears Some of the companysumers, including the present appellants, filed appeals in the Supreme Court and on 10th August, 1959, obtained orders of injunction restraining the Government from realising from them the amount of arrears occasioned by the enhancement of rates.
Thereafter, the Electricity Board called upon the appellants and other companysumers to pay surcharge at the rate of twelve per cent per annum on the arrears in regard to which they had obtained order of injunction during the pendency of the appeals in the Supreme Court.
The Writ petitions were allowed by a learned single Judge of the High Court on the ground that numbersurcharge was leviable for the period during which the order of injunction passed by the Supreme Court was in operation.
Each companysumer was expressly told that if his companytentions were eventually rejected by the Supreme Court he would have to pay the amount of arrears with surcharge thereon calculated at two per cent per month.
Pending disposal of the Writ Petitions they obtained stay of companylection of enhanced charges.
They were allowed by a Division Bench first on the ground that the Andhara Pradesh Electricity Board was number bound by the injunction granted against the Government of Andhra Pradesh, and, second, of the ground that in any case, the injunction did number prevent the companysumers from paying enhanced charge and that if they failed to pay enhanced charges they were under an obligation to pay surcharge under the terms of the agreement.
187 dated 30th January, 1955 was struck down.
The injunction was subject to the companydition that they offered security for such amount of arrears, intimation of which was directed to be given to them by the Government.
The Supreme Court ultimately dismissed all the appeals on 25th March, 1964.
The appeals were allowed by a Division Bench of the High Court on 19th December, 1958 and, G.O. No.
There was numberinjunction restraining the Government from companylecting future charges at the enhanced rates.
The appellants were companysumers of high and low tension electrical energy which was being supplied to them under agreements with the Government of Andhra Pradesh Dy.
Shri S.T. Desai and Shri Naunitlal, learned Counsel for the appellants argued that the appellants companyld number be penalized for number payment of enhanced charges in the face of the order of injunction obtained by them.
The Government of Andhra Pradesh preferred appeals under Clause 15 of the Letters Patent.
187 dated 30 1 1955, the Government of Andhra Pradesh, purporting to act in exercise of its power under Section 3 of the Essential Articles Control and Requisitioning Temporary Powers Act, enhanced the rates of supply of electrical energy over and above the companytracted rates.
Several persons, including the appellants in the two appeals filed Writ Petitions in the High Court of Andhra Pradesh challenging the validity of G O. No.
Chinnappa Reddy, J. These wo appeals arise out of a batch of Writ Petitions which are allowed by a learned Single Judge of the High Court of Andhra Pradesh, but, which, on appeal were dismissed by a Division Bench of that Court.
187 dated 30th January, 1955 was upheld.
The Andhra Pradesh State Electricity Board to whom as we mentioned earlier the Government had transferred its Electricity Undertaking duly issued bills to the companysumers specifying separately the total amount including arrears which had to be paid at the enhanced rates, the amount which the companysumer had necessarily to pay in view of the orders of the Supreme Court and the amount of arrears.
The Writ Petitions were 6relly allowed by Satyanarayana Raju, J., on 22nd February, 1957, and G.O. No.
