NATIONAL FLASK INDUSTRIES LTD Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) "Whether, the part repudiation or alleged part settlement of claim with insurance company, gives rise to a fresh cause of action against the third -party, i.e., the Gujarat Electricity Board (in short ' GEB'), now known as 'Dakshin Gujarat Vij Co. Ltd., to bring the case within the period of limitation, otherwise barred by time -. "Whether, the over/low voltage fluctuation can cause short circuit causing big loss under the facts and circumstances to be detailed herein with -. These knotty problems are to be adjudicated herewith.

(2.) THE above said complaint was filed by M/s. National Flask Industries Ltd., the complainant, on 27.02.200,1 against the Dakshin Gujarat Vij Co. Ltd., (Formerly known as Gujarat Electricity Board) Balitha and its functionaries, viz., Executive Engineer and Deputy Engineer, OPs 1 to 3, respectively. The main allegation against the OPs was that there was constant power voltage fluctuation and erratic supply from the Dakshin Gujarat Vij Co. Ltd., (Formerly known as Gujarat Electricity Board). Many letters were also sent in this respect, but those did not ring the bell. M/s.National Flask Industries Limited, the complainant, transacts the business of manufacturing moulded and insulated plastic articles for household use at Plot No. A -2, Shed No. 502 in GIDC Industrial State, Sarigam. They have also taken the adjoining shed being Plot No. A -2, Shed No. 504 belonging to M/s Crown Industries, which is a sister concern of the complainant.

(3.) IN the year 1987, the complainant, M/s.National Flask Industries Limited (originally known as M/s. Maruti Plastics Industries) at the time of commencement of its business) entered into an agreement dated 13.03.1987, with the then Gujarat Electricity Board -OP -1, for the supply of electricity to its premises, wherein OP -1 agreed to reserve for and to supply to the complainant, electrical energy upto a maximum of 300 KVA for Manufacturing Unit of the complainant. Clause 5 of the agreement stipulated that the electricity would be maintained by the supplier of the electrical energy of the above stated voltage and frequency at the said point of delivery. According to clause 14 of the agreement, reasonable precautions to ensure continuity of supply of power to the complainant/consumer were to be taken by the suppliers/OPs, except under certain 'force majeure' conditions. Copy of the said agreement has been placed on record as Annexure P -1.