51 per month for every installation.
7/ per month for every installation.
43 and 42 of 1966 respectively.
per unit with a minimum of Rs.
The respondent increas the charges for motive power from January 1, 1963 to 35 NP.
N. Shroff, for the respondent in both the appeals .
Their suits to restrain the respondent from levying the proposed increased charges were decreased by the trial companyrt.
Appeals from the judgment and order dated December 3, 1968 of the Gujarat High Court in Letters Patent Appeals Nos.
It is as against those decisions these appeals have been brought.
C. Chagla, P. C. Bhartari, P. N. Tiwari and J. B. Dada chanji, for the appellants in both the appeals .
1963, the rates for light and fans were increased with effect from July 1, 1963 to 70 NP.
The companytention of the appellants is that the respondent wag number companypetent to enhance the charges, in question without the matter having been companysidered by a rating companymittee.
15 and 16 of 1969.
Those decrees were affirmed by the first appellate companyrt as well as by a single judge of the Gujarat High Court in second appeals but the appellate bench of the Gujarat High Court reversed those decrees and dismissed the suits holding that under the Supply Act as amended in 1956 the respondent has a unilateral right to enhance the charges subject to the companyditions prescribed in the VI Schedule to that Act.
3/ per month per installation and for motive power at 4 annas per unit with a minimum of Rs.
The Judgment of the Court was delivered by Hegde, J. Common questions of law arise for decision in these appeals, by certificate.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Supply Act was amended in 1956.
4 8 0 per month per installation.
The respondent is the successor of the said licensee.
The suits from which these appeals arise have been companysidered together and decided by companymon judgments, both in the High, Court as well as in the companyrts below.
16 of 1969 relates to the enhancement of charges for the motive power.
15 of 1969 relates to the enhancement of charges for electricity power for lights and fans and Civil Appeal No.
The facts leading to these appeals may number, be stated.
per unit with a minimum of Rs.
Civil Appeal No.
The plaintiffs appellants who are companysumers of electricity in the Godhra area sued the respondent company on behalf of all the companysumers in that area seeking to restrain the respondent from enforcing the enhanced charges sought to be companylected from the companysumers of power used for lights and fans as well as of motive power.
Clause 10 of the licence prescribed the maximum charges that the licensee companyld levy for the power supplied.
On June 22.,
On the recommendation of that companymittee, the Government fixed with effect from February 1, 1952, the following charges for the power supplied 0 7 9 pies per unit for the electricity supplied for lights and fans with a minimum of Rs.
After the Electricity Supply Act, 1948 to be hereinafter referred to as the Supply Act came into force, a rating companymittee was companystituted under s. 57 2 of the Supply Act at the request of the respondent on January 19, 1950.
