SONE VANASPATI LTD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) INASMUCH substantial questions have been raised in the instant appeal and inasmuch as the application for condonation of delay is not being seriously opposed, we condone a few days' delay in preferring the appeal and accordingly, allow the application for condoning the delay in preferring the appeal.

(2.) AT the relevant time supply of electrical energy by the respondent Bihar State Electricity Board to the appellant was governed by the Electricity (Supply) Act, 1948. By Section 49 thereof, the Board was directed to frame uniform tariff upon such terms and conditions as the Board may think fit and proper. The said Section indicated what factors should be taken note of by the Board for fixing such uniform tariff.

(3.) IN terms of the provisions contained in Section 49 of the Act, on 21st June, 1993 the Board made uniform tariff and by Clause 3(b) thereof provided that where the terms and conditions of the agreement entered between the Board and its consumers are at variance with the terms and conditions contained in the notification notifying the said uniform tariff published on 23rd June, 1993, the latter shall prevail and such agreement will be deemed to have amended accordingly.