ORISSA STATE ELECTRICITY BOARD Vs. ORISSA TILES LTD.

JUDGEMENT

(1.) HEARD the counsel for the appellant. None appears for the respondent though served. Leave granted.

(2.) THIS appeal by the Orissa State Electricity Board is preferred against the judgment of the Orissa High Court allowing partly an appeal preferred by the respondent. The dispute pertains to the liability of the consumer (respondent in this appeal) to pay the minimum charges during the period subsequent to the date of disconnection of supply of energy to him for the non -payment of electricity dues.

(3.) IN this appeal, it is contended by the learned counsel for the appellant that the question arising herein is concluded in favour of the Board by the decision of this Court in Bihar State Electricity Board, Patna and Ors. v. M/s. Green Rubber Industries and Ors: [1989]2SCR275 . On a perusal of the judgment, we find that that was also a case where the claim inter alia pertained to the period subsequent to the date of disconnection till the expiry of the agreement. In that case too, minimum charges were claimed by the Board even for the period during which the supply remained disconnected and no energy whatsoever was availed of by the consumer. We also find that Clause (4) of the agreement considered in the said decision and Clauses (6) and (13) of the agreement concerned herein are substantially same. Clause (13) of the agreement between the parties hereto does oblige the consumer to pay a certain minimum charges in any event. The clause reads as follows: