- (1.) RESPONDENT No. 1 Meghan Paper Mills Private Limited is running a paper factory at Sangrur. The Mill applied to Punjab State Electricity Board for supply of 750 K. W. electricity On its application, supply was given to it from the mixed feeder. Because of shortage of electricity in the State of Punjab, Board imposed a cut in power supply which was applicable to all factories. The Mill filed a suit for mandatory injunction seeking a direction to the Board to give continuous supply without imposing any cut/restriction during peak load hours. Along with the suit, the Mill also made an application for grant of ad-interim injunction. The trial Court granted ad-interim injunction relying on a letter dated 23. 9. 1990 issued by the Department of Industries. State of Punjab, stating therein that power supply to the Pesticides and Paper Mills be given on continuous basis. The Board challenged this order in appeal which was dismissed. Aggrieved of the said order granting injunction, the Board has preferred this civil revision.
(2.) LEARNED counsel for the petitioner, Mr. A. C. Jain, Advocate contends that letter was never issued by the Board. His precise submission is that Punjab State Electricity Board being a statutory body is not bound by any letter issued by the Department of Industries. The Board in order to impose cut, has to see the need of the agriculture as well as domestic sector and only after considering the various demands, cut is imposed.
(3.) ON the other hand, learned counsel for the respondent stated that letter dated 23. 9. 1980 was issued by the State Government and the direction contained therein was under Section 78-A of the Electricity (Supply) Act, 1948. On the strength of this letter, he contended that the Board is bound to follow directions given therein He placed reliance upon a judgment of the Andhra Pradesh High Court, in Andhra Pradesh State Electricity Board Vidyut Soudha v. The Gowthami Solvent Oils, A. I. R. 1991 A. P. 141.;