- (1.) The facts and circumstances giving rise to the present appeal are in material respects identical with those in Indian Aluminium Company v. Kerala State Electricity Board which we have disposed of by a judgment delivered this morning. The judgment in Indian Aluminium Company v. Kerala State Electricity Board (supra) will, therefore, govern the decision of the present appeal as well.
(2.) We accordingly issue a writ quashing and setting aside the notification dated 28/11/1969 in so far as it seeks to make the tariffs specified in it applicable to the appellant and declare that the Board is not entitled to claim from the appellant anything more than the charges specified in the agreement dated 26/10/1964. We also issue a writ restraining the Board from enforcing the notification dated 28/11/1969 against the appellant or claiming from the appellant anything more than the charges specified in the agreement dated 26/10/1964. The appeal is accordingly allowed. The first respondent will pay the costs of the appeal to the appellant.;