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Ceminco Binani Zinc Ltd. Vs. Kerala State Electricity Board - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1642 of 1971
Judge
Reported in(1975)2SCC430
ActsElectricity Supply Act, 1948 - Section 49, 59
AppellantCeminco Binani Zinc Ltd.
RespondentKerala State Electricity Board
DispositionAppeal Allowed
Prior historyFrom the Judgment and Order, dated August 19, 1971 of the Kerala High Court in OP No. 1288 of 1970
Excerpt:
- [ a. alagiriswami,; p.k. goswami and; p.n. bhagwati, jj.] - electricity — electricity supply act, 1948 — sections 49 and 59 do not empower electricity boards to unilaterally enhance tariffs in spite of contractual stipulation to the contrary -- we also issue a writ restraining the board from enforcing the notification dated november 28, 1969 against the appellant or claiming from the appellant anything more than the charges specified in the agreement dated october 26, 1964......present appeal are in material respects identical with those in indian aluminium company v. kerala state electricity board1 which we have disposed of by a judgment delivered this morning. the judgment in indian aluminium company v. kerala state electricity board will, therefore, govern the decision of the present appeal as well.2. we accordingly issue a writ quashing and setting aside the notification dated november 28, 1969 insofar as it seeks to make the tariffs specified in it applicable to the appellant and declare that the board is not entitled to claim from the appellant anything more than the charges specified in the agreement dated october 26, 1964. we also issue a writ restraining the board from enforcing the notification dated november 28, 1969 against the appellant or claiming.....
Judgment:

P.N. BHAGWATI, J.

1. The facts and circumstances giving rise to the present appeal are in material respects identical with those in Indian Aluminium Company v. Kerala State Electricity Board1 which we have disposed of by a judgment delivered this morning. The judgment in Indian Aluminium Company v. Kerala State Electricity Board will, therefore, govern the decision of the present appeal as well.

2. We accordingly issue a writ quashing and setting aside the notification dated November 28, 1969 insofar as it seeks to make the tariffs specified in it applicable to the appellant and declare that the Board is not entitled to claim from the appellant anything more than the charges specified in the agreement dated October 26, 1964. We also issue a writ restraining the Board from enforcing the notification dated November 28, 1969 against the appellant or claiming from the appellant anything more than the charges specified in the agreement dated October 26, 1964. The appeal is accordingly allowed. The first respondent will pay the costs of the appeal to the appellant.


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