Full Judgment Text
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CASE NO.:
Appeal (civil) 4271 of 2003
PETITIONER:
M/S. CARBORUNDUM UNIVERSAL LTD
RESPONDENT:
SPL. OFFICER (REVENUE) KSEB & ORS
DATE OF JUDGMENT: 23/01/2008
BENCH:
H.K. SEMA & LOKESHWAR SINGH PANTA
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 4271 OF 2003
WITH
Civil Appeal NO. 4277 of 2003
Civil Appeal NO. 4273 of 2003
Civil Appeal NO. 8702-8703 of 2003
Civil Appeal NO. 4274 of 2003
Civil Appeal NO. 4275 of 2003
Civil Appeal NO. 4276 of 2003
Heard learned counsel for the parties.
Mr. C.A. Sundaram, learned senior counsel appearing for the appellant(s) fairly
submits that he has given up all other contentions except that the appellant is willing to
pay the electricity charges as per clause (1) of the Board’s order D.O. No.
Plg.Cost.902/PC/86 dated 14/10/1988. Mr. T.L.V. Iyer, learned senior counsel
appearing on behalf of the respondent, however, brought to our notice clause (5) of the
said order which stipulates that the special allocation of power over and above the quota
during power cut period will be charged at 80 paise per unit, the rate applicable for
imported energy. Since the power cut has admittedly been lifted on 14/8/1986 and in
view of clear order of the board in clause(1)
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of the order, we are of the view that clause (5) of the order is not attracted in these case
s
and, therefore, the appellant(s) are covered by clause (1) of the Board’s order.
Accordingly, we direct that the appellant(s) shall be charged electricity charges in
terms of clause (1) of the Board’s order D.O. No. Plg.Cost.902/PC/86 dated 14/10/1988
in the ratio 25:75 on the actual consumption. This would be in consonance with the
Board’s order.
Appeals are disposed of in the above terms.