In their case the facts are that they were granted a licence for 50 years on 17th September, 1914.
This licence was subsequently transferred to the 1st Respondent.
They were added by Order dated 31.3.1992.
Briefly stated the facts are as follows On 6th February 1924 the Government of Bihar granted to one M s Octavices Steel Co. Ltd. a licence for supply of electric energy.
One of the terms of the licence was that at the end of the licence period the Government had a right to purchase the undertaking.
5 is an Electric Company whose undertaking is also purchased.
On 5th January 1973 the Appellant served a numberice on the 1st Respondent, under Section 6 1 of the Indian Electricity Act, 1910 hereinafter called the said Act .
Respondent No.
By this the Appellant called upon the 1st Respondent to sell the undertaking to the Appellant on the expiry of the period of 50 years from the companymencement of the licence, i.e., at 12 Oclock in the night between the 5th and 6th February, 1974.
The 50 years period would thus end on 5th February, 1974.
LITTTTTTJ J U D G M E NT N. Variava, J. This Civil Appeal is against the Judgment dated 22nd July, 1981 delivered by a Division Bench of the Calcutta High Court since reported in AIR 1982 Calcutta p.74 .
By this Judgment the Division Bench dismissed the Appeal filed by the Appellant against a Judgment of a learned single Judge of the Calcutta High Court which upheld the challenge of the 1st Respondent to Ordinances and the Amendment Act set out hereinafter.
The licence was for a period of 50 years.
