GRAPHITE INDIA LIMITED Vs. DURGAPUR PROJECTS LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-Graphite India Ltd. ('Graphite' for short) was getting electricity supply for its project from respondent- Durgapur Projects Ltd. ('DPL' for short), Graphite challenged the increase in tariff by filing three successive writ petitions in the Calcutta High Court. The learned single Judge of the High Court allowed the writ petitions holding that the enhancement of tariff and the notices of enhancement issued by DPL for fixation of electricity tariff were contrary to the provisions of Section 57 of the Electricity (Supply) Act, 1948 ('Supply Act' for short) read with the statutory requirements of Schedule VI of that Act, Against that judgment of the learned single Judge DPL filed an appeal before the Division Bench of the High Court which was allowed by the impugned judgment dated June 3, 1998. Writ petitions filed by Graphite were dismissed. Aggrieved Graphite has come to this Court.

(3.) Facts are not much in dispute. DPL was granted sanction by the State of West Bengal under Section 28(1) of the Indian Electricity Act, 1910 ('Electricity Act' for short) by order dated August 28, 1964 to engage in the business of supplying energy to the public in accordance with the conditions specified therein. Conditions 5, 6, and 9 are relevant and are as under:-