BIHAR STATE ELECTRICITY BOARD Vs. DHANAWAT RICE AND OIL MILLS
LAWS(SC)-1989-1-31
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on January 17,1989

BIHAR STATE ELECTRICITY BOARD Appellant
VERSUS
DHANAWAT RICE AND OIL MILLS Respondents

JUDGEMENT

Oza, J. - (1.) Leave granted.
(2.) These special leave petitions have been filed against the judgment of the High Court of Patna by which several writ petitions were disposed of. All these special leave petitions have been preferred in this Court aggrieved by that judgment. The common question which arise in all these SLPs is that under the agreement arrived at between the consumers and the Bihar State Electricity Board there is a clause of payment of minimum guarantee which indicates that even if the consumer does not consume electricity above the minimum guarantee then it will be incumbent upon the consumer to pay charges for energy which is the annual minimum guarantee provided in the agreement pertaining to Industrial units.
(3.) The relevant facts are that for the years 1973-74 to 1982-83 the bills for annual minimum guarantee were served on the appellants by the Electricity Supply Division, Forbesganj and on receipt there to the appellants filed their claims as provided under clause 13 of the agreement on the ground that appellant was not liable to pay any such charges because the appellant did not supply constant electricity as provided in the agreement during the period in question and there were tripping, load shedding, and power-cut .which resulted in a great loss to the petitioners and as the supply was not in accordance with the agreement liability to pay annual minimum guarantee bills could not be fastened on the consumer. The Chief Engineer who was the authority under the agreement negatived the claim and so they filed writ petitions in the High Court.;


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