Laik, J. - (1.) It is, I think, vital in an appeal of this kind marked at the beginning in dead earnest to attempt to escape from any tendency to compartmental acts, for the purposes of relevance. As the thing presents itself to me in its final analysis the point is quite short, though not intended to be a refresher course in history.
(2.) The West Bengal State Electricity Board, shortly (the Board) filed a suit in the Second Court of the Subordinate Judge, Alipore. against the Bongaon Electric Supply Co. Ltd., shortly (the Company) for recovery of about a sum of Rs. 3,66,000/- (Rupees Three lakhs and Sixty-six thousand), which was dismissed, resulting in this appeal.
(3.) The plaint case was that the Company was a licensee for the purpose of supplying energy on the strength of a licence granted by the State Government. It was agreed that the electrical energy would be supplied provided the cost of service line was paid by the company. The service line was thereafter installed. The Plaintiff-Board supplied the electrical energy in terms of the agreement. The defendant-Company defaulted in payment of monthly electrical bills from the month of June, 1967 to May. 1968 for which the defendant-Company was liable to pay a sum of Rs. 2,88,9007- and odd to the plaintiff-Board. The Board claimed a further sum of Rs. 15,640/- and odd as surcharge from the defendant-Company. It was also the case that the defendant-Company defaulted in payment of Rupees 61,000/- and odd as cost of installation of the service line. As the defendant-Company did not pay the suit was instituted on June 10, 1968, for recovery of the sums aforesaid. The Plaintiff at the beginning did not think that it would turn out as the kickback payments of the loan, though the human capacity for astonishment is only finite.;