KANORIA CHEMICALS AND INDUSTRIES LIMITED Vs. UTTAR PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Whether petitioners, who are consumers of electricity, are liable to pay additional charges on the electricity dues, payment of which was not made on or before the due date in view of interim orders passed by this court in the writ petitions filed by them challenging the notification enhancing the electricity tariff rates, after the writ petitions have been dismissed is the question which is involved in these writ petitions and is required to be decided by this court.

(2.) Parties have exchanged affidavits. As in all these writ petitions the same question is involved they are being disposed of by one common judgment. With the consent to learned counsel for parties Writ Petition No. 10755 of 1993, M/s. Kanoria Chemicals & Industries Ltd. v. U. P. State Electricity Board, has been made the leading case.

(3.) Petitioner in the leading case is a public limited company engaged in business of manufacturing caustic soda and allied chemicals in the district of Sonebhadra. By notification dated 21-4-1990 the U. P. State Electricity Board (hereinafter referred to as the Board) revised the electricity rates under S.49 of the Electricity (Supply) Act, 1948. This notification was issued in supersession of all previous notifications, orders and instructions and existing rate schedules were substituted by rate schedule appended to new notification. It was further provided in clause 7(b) of the notification, which is reproduced below, that in case the electricity dues are not paid by due date, the consumer shall be liable to pay additional charges: