LAWS(GJH)-2013-7-311

DUROLAM LIMITED Vs. UTTAR GUJARAT VIJ CO. LTD.

Decided On July 17, 2013
Durolam Limited Appellant
V/S
UTTAR GUJARAT VIJ CO. LTD. Respondents

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Articles 14, 19 and 226 of the Constitution of India as well as under the Indian Electricity Act, (hereinafter referred to as 'the Act') on the grounds stated in the petition for the following prayers:

(2.) HEARD Learned Advocate Shri Jigar P. Raval for the petitioner and learned Advocate Shri Premal R. Joshi for the then Gujarat Electricity Board now Madhya Gujarat Vij Company Limited.

(3.) LEARNED Advocate Shri Raval has also referred to the correspondence and pointedly referred to the AnnexureA as well as AnnexureB, which are the communications by the Gujarat Electricity Board (hereinafter referred to as "the GEB") and submitted that letter dated 26.02.1993 was with regard to installation of C.T.P.T. meter. He has also submitted that the Respondent Board could not be said to have made arrangement for supply of electric power without such installation of C.T.P.T. meter and therefore no demand could have been raised for even minimum charges. He has also referred to the various clauses including the Clause7(VIII), which reads as under: