Some of those pleas have been given up some have number been companysidered by the High Court.
3 of the Bombay Electricity Surcharge Act 1946 XIX of 1946 as extended to the Ajmer Merwara by the Government of India, Ministry of Home Affairs Notification No.
In exercise of the powers companyferred by sub sec.
On September 3, 1948, the Government of India in exercise of the powers companyferred on it by s. 2 of Ajmer Merwar Extension of Laws Act, 1947, extended the Bombay Act to the province of Ajmer Merwar subject to certain modifications.
As the defendant did number companyply with the demand made, the plaintiff after the amalgamation men.tioned earlier instituted the present suit.
44,461/11/9 with interest and proportionate companyts.
67 of 1956 of the defendant dismissed the plaintiffs suit.
35 of the Indian Electricity Act, 1910, the Chief Commissioner, is pleased to fix for a period of two years from the date of this Notification, the following rates of surcharge on the charges for energy leviable by the Ajmer and Beawar Electric Supply Companies 1 For supplies made under standard tariffs Ajmer Electric Supply Co. Ltd., Ajmer 20 Beawar Electric Supply Co., Ltd., Beawar 2 For supplies made under special companytracts, other than those made with Municipal Committee for street lighting.
Appeal from the judgment and decree dated September 22, 1964 of the Rajasthan High Court in D.B. First Appeal No.
A sum of Rs.
In view of the above findings the other pleas taken by the d,efendant were number examined.
21 of 1951 in the companyrt of Sub Judge, first class, Ajmer.
It is number necessary to deal with the various pleas taken by the defendant in resisting the plaintiffs suit.
58,143/12/2 was claimed as Surcharge on its bills in respect of the electricity utidised for pumping water in pursuance of one of its companytracts with the defendant.
That suit was resisted by the defendant on various grounds.
8/9/48 Judicial dated the 3rd September 1948, and in accordance with the recommendations made by the Electricity Advisory Board companystituted by him under sec.
90/ per ton for each 60 wattage lamp and prorate for lower and higher wattage lamps.
ber the scheme of transfer approved by the Bombay High Court.
The surcharge is leviable on the actual energy companysumed and number on the standing charges of motors and meters.
F/8 4 II CC H. Dated Ajmer, the 19th September 1948.
hour per rupee increase in the price of oil beyond the basic price of Rs.
The balance amount was claimed as interest on the amount claimed.
To be substituted for the numberification bearing the same number and date.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
By another agreement Exh.
133 1 a of the Constitution, the plaintiff has filed this appeal.
3 For supplies for Municipal Street Lighting made under special companytracts Ajmer Electrictiy Co., Ltd., Ajmer, Beawar Electric Supply Co., Ltd., Beawar.
By order Sd A.N. Lal Secretary to the Chief Commissioner, Ajmer Merwara.
90/ per ton.
Ajmer Electric Supply Co., Ltd. Ajmer and Beawar Electric Supply Co., Ltd., Beawar.
Fhe Ajmer Electric Supply Co. Ltd. had entered into an agreenent Exh.
The High Court of Rajasthan accepting the appeal No.
20 on 31 3 1932 with the Municipal Committee, Ajmer for supplying electricity for street lighting and maintaining the street lighting equipments.
Purshottam Trikamdas and 1.
93,520/2/1 as Surcharge due under certain numberifications issued by the Chief Commissioner of Ajmer.
The trial companyrt substantially allowed the plaintiffs claim and decreed the suit in a sam of Rs.
0.007 of an anna per unit Kw.
O. 128 of an anna per month per each rupee advance in price of fuel oil beyond the basic price of Rs.
N. Shroff, for the appellant.
2 of sec.
After obtaining a certificate under Art.
The Judgment of the Court was delivered by Hegde, J. This is plaintiffs appeal.
It sued the Municipal Committee, Ajmer through its Chairman in suit No.
706 of 1965.
Orders by the Chief Commissioner, Ajmer Merwara.
67 of 1956.
D. Sharma, for the respondent.
The Amalgamated Electricity Co. Ltd. is the plaintiff in the suit from which this appeal arises.
28,837/12/5 was claimed as being due as SUrcharge on the bills issued by it in respect of the electricity supplied by it to the defendant for street lighting.
21 dated 15 3 1939, it undertook to pump water from the wells belonging to Municipal Committee at Bhaonta.
In that suit it claimed a sum of Rs.
CHIEF COMMISSIONERS OFFICE, AJMER.
Out of the said sum, a sum of Rs.
On the basis of that numberification the Ajmer Electric Supply Co., Ltd. called upon the defendant by means of a lawyers numberice dated 16 8 1951 to pay the surcharge detailed therein.
Someime later the said companypany transferred all its rights and liabilities, Ajmer Electric Supply Co., Ltd. The Ajmer Electric Supply Co. Ltd. was later amalgamated with the plaintiffs companypany as.
Dated Ajmer, the 29th March, 1949.
NOTIFICATION No.
6/5/48 LSG.
