GUJARAT ELECTRICITY BOARD Vs. GIRDHARLAL MOTILAL

JUDGEMENT

(1.) The only question for decision in this appeal is whether the notice issued by the appellant on June 23, 1961 under sec. 6 of the Indian Electricity Act 1910 as amended by Act 32 of 1959 (to be hereinafter referred to as the Act) is valid. The High Court has come to the conclusion that it is not a valid notice.

(2.) On 4th January, 1923, the father of respondent No. 1 was granted a licence to supply electric energy within the area consisting of municipal limit of Dabhoi and the territories comprised within half mile radius from the municipal boundary lines by the Government of Baroda under the Baroda Electricity Act Samvat 1964 (Act 1 of 1964). The said Company was known as Dabhoi Electricity Co. Respondent No. 1 was at all material times the holder of this licence.

(3.) The said licence conferred an option on the Government to purchase the undertaking in accordance with the terms of the licence. Clause 26(a) of that licence is material for our present purpose. That clause reads: