LAWS(GJH)-1995-3-47

BANUMA POLYTEX LIMITED Vs. GUJARAT ELECTRICITY BOARD

Decided On March 21, 1995
BANUMA POLYTEX LIMITED Appellant
V/S
GUJARAT ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Rule.

(2.) Mr. Tushar Mehta, waives service of Rule for the respondents. In view of the fact of the case and urgency in the matter, Rule is taken up for final hearing.

(3.) The petitioner by way of Spl. C. A. under Art. 226 of the Constitution of India, seeks to challenge the supplementary bill dated 18-1-1995 for Rs. 42,96,035.80 paise issued by respondent-Electricity Board in respect of petitioner's unit at Karannagar. The petitioner further seeks declaration that the action of the respondent- Gujarat Electricity Board in disconnecting the electric power supply to the petitioner's unit at Karannagar is illegal and malafide and further direct the respondents to forthwith reconnect the supply of electricity to the said unit. The facts culled out from the pleadings of the parties are that the petitioner company is engaged in manufacture of Polyester Texturised Yarn. The major part of the company's product is exported. The sale turn-over for the year 1993-94 was to the tune of Rs. 17.39 crores. The unposted turn-over during the current year upto March, 1995 is expected to be over Rs. 20 crores. The petitioner is being supplied electric energy by the respondent Gujarat State Electricity Board. The contract demand for the Karannagar Unit is 475 KVA. The monthly average bill for Karannagar unit for the consumption is of Rs. 2 lakhs.