AMALGAMATED ELECTRICITY CO BELGAUM LIMITED Vs. MUNICIPAL COMMITTEE AJMER

JUDGEMENT

(1.) THE following Judgment of the court was delivered by :

(2.) THIS is plaintiff's appeal. The Amalgamated Electricity Co. Ltd. is the plaintiff in the suit from which this appeal arises. It sued the Municipal Committee, Ajmer through its Chairman in suit No. 21 of 1951 in the court of Sub Judge, first class, Ajmer. In that suit it claimed a sum of Rs. 93,520/2/1 as Surcharge due under certain notifications issued by the Chief Commissioner of Ajmer. Out of the said sum, a sum of Rs. 28,837/12/5 was claimed as being due as SUrcharge on the bills issued by it in respect of the electricity supplied by it to the defendant for street lighting. A sum of Rs. 58,143/12/2 was claimed as Surcharge on its bills in respect of the electricity utidised for pumping water in pursuance of one of its contracts with the defendant. The balance amount was claimed as interest on the amount claimed. That suit was resisted by the defendant on various grounds. The trial court substantially allowed the plaintiff's claim and decreed the suit in a sam of Rs. 44,461/11/9 with interest and proportionate costs. The High court of Rajasthan accepting the appeal (No. 67 of 1956) of the defendant dismissed the plaintiff's suit. After obtaining a certificate under Art. 133(1) (a) of the Constitution, the plaintiff has filed this appeal.

(3.) THE material facts of the case are as follows: A company known as Trustees Corporation (I) Ltd. took out license from the Chief Commissioner of Ajmer on 19-1-1928 under the provisions of the Electricity Act authorising it to geneate and supply electrical energy within the municipal limits of Ajmer and such extensions beyond those limits as may be permitted by the Chief Commissioner from time to time in accordance with the conditions mentioned in the licence (Exh. 1 ). Someime later the said company transferred all its rights and liabilities, Ajmer Electric Supply Co., Ltd. THE Ajmer Electric Supply Co. Ltd. was later amalgamated with the plaintiff's company as. ber the scheme of transfer approved by the Bombay High court. Fhe Ajmer Electric Supply Co. Ltd. had en'tered into an agreenent (Exh. 20) on 31/3/1932 with the Municipal Committee, Ajmer for supplying electricity for street lighting and maintaining the street lighting equipments. By another agreement (Exh. 21 ) dated 15/3/1939, it undertook to pump water from the wells belonging to Municipal Committee at Bhaonta.