U P POWER CORPORATION LTD Vs. LOHIA BRASS P LTD
LAWS(SC)-2006-7-47
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on July 25,2006

UTTAR PRADESH POWER CORPORATION LTD. Appellant
VERSUS
LOHIA BRASS (P) LTD. Respondents


Cited Judgements :-

PALIWAL ALLOYS PVT LIMITED VS. U P POWER CORPORATIONLTD [LAWS(ALL)-2009-7-138] [REFERRED TO]
U P POWER CORPORATION LTD VS. BONDS AND BEYONDS INDIA P LTD [LAWS(SC)-2007-9-116] [REFERRED TO]


JUDGEMENT

A. K. Mathur, J. - (1.)Leave granted in S.L.P. (c) No.8296 of 2004.
(2.)All this batch of appeals involves similar questions of law. Therefore, they are disposed of by this common order. At the outset, we may point out that there are conflicting decisions rendered by the Division Bench of the High Court of Allahabad at Allahabad dated 25.5.2001 passed in Civil Miscellaneous Writ Petition No.41013 of 2000 [M/s. India International Exporters (MBD) Ltd. and Anr. vs. State of U.P. and Ors.] and another judgment rendered by the High Court of Allahabad, Bench at Lucknow on 19.3.2001 passed in Writ Petition No.1117 of 2001 with regard to the interpretation of the notification issued on 30.4.1984 and as amended on 21.5.1984.
(3.)In order to dispose of this batch of appeals, the facts stated in C.A.No.7817 of 2003 are taken into consideration. The respondents (herein writ petitioners) by writ petition challenged the demand raised by the U. P. Power Corporation through various bills purporting to realize penalty from each of the writ petitioners for violation of peak hour restriction, before the High Court of Allahabad.


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