Hind Lamps was receiving energy from the Company.
It stated The revised tariff shall, except in the case of the licensees, be applicable to companysumers in respect of companysumption in the month of May 1962.
Appeal by special leave from judgment and order dated March 18, 1968 of the Allahabad High Court in Second Appeal No.
The Judgment of the Court was delivered by Shah J. The Western U.P. Electric Power Supply Company Ltd. hereinafter called the Company holds a licence under s. 3 1 of the Indian Electricity Act 9 of 1910 to supply electricity in certain areas in the State of U.P. Messrs Hind Lamps Private Ltd. set up a factory for manufacturing electrical equipment within the area of supply of the Company.
CIVIL APPELLATE JURISDICTION civil appeal No 2482 of 1968.
317 of 1965.
K. Daphtary, B. R. L. Iyengar, Bishambar Lal and H. K. Puri, for respondent No.
C.I. 69 A petition moved by the Company in the High Court of Allahabad for a writ of certiorari quashing the order dated December 26, 1961 was rejected by R. S. Pathak, J. In appeal under the Letters Patent against the order passed by the learned Judge, companynsel for the Company applied fOr leave to plead that the order dated December 26, 1961, resulted in discrimination between Hind Lamps and other companysumers within the area of supply of the Company, and also between Hind Lamps and the Company and the order was on that account invalid.
Another representation made by the Company was also turned down and direct supply of electrical energy was companymenced, by the State Electricity Board to Hind Lamps.
L11 Sup.
Mohan Behari Lal, for the appellant.
1 and 2.
Sole reliance was therefore placed by companynsel for the Company on paragraph 2 of the Government Gazette Notification issued by the U.P. Government on April, 24/28, 1962, companytaining the revised tariff for the, supply of electrical energy to licensees obtaining bulk supply from the U.P. State Electricity Board and to other companysumers.
The High Court permitted the Company to raise the companytention, but declined to give opportunity to enlarge, the evidence on record at that stage.
P. Rana, for respondents Nos.
In the case of licensees obtaining bulk supply of energy from the Board, the revised tariff shall apply to supplies made from 1st July, 1962 and onwards.
The Schedules in the Gazette Notification set out the rates at which electrical energy was to be supplied by the Board to licensees as well as to diverse classes of companysumers who received supply of energy from the Board.
