S. N. Variava, J. - (1.) This Civil Appeal is against the judgment dated 22nd July, 1981 delivered by a Division Bench of the Calcutta High Court (since reported in AIR 1982 Calcutta 74). By this judgment the Division Bench dismissed the Appeal filed by the Appellant against a judgment of a learned single Judge of the Calcutta High Court which upheld the challenge of the 1st Respondent to Ordinances and the Amendment Act set out hereinafter.
(2.) Briefly stated the facts are as follows: On 6th February 1924 the Government of Bihar granted to one M/s. Octavices Steel and Co. Ltd. a licence for supply of electric energy. This licence was subsequently transferred to the 1st Respondent. One of the terms of the licence was that at the end of the licence period the Government had a right to purchase the undertaking. The licence was for a period of 50 years. The 50 years period would thus end on 5th February, 1974. On 5th January 1973 the Appellant served a notice on the 1st Respondent, under S. 6(1) of the Indian Electricity Act, 1910 (hereinafter called the said Act). By this the Appellant called upon the 1st Respondent to sell the undertaking to the Appellant on the expiry of the period of 50 years from the commencement of the licence, i.e., at 12 O'clock in the night between the 5th and 6th February, 1974.
(3.) Respondent No. 5 is an Electric Company whose undertaking is also purchased. They were added by Order dated 31-3-1992. In their case the facts are that they were granted a licence for 50 years on 17th September, 1914. The notice to take over was given on 9th August, 1963 and the undertaking was taken over on 17th September, 1964.;