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CASE NO.: Appeal (civil)  4271 of 2003

PETITIONER: M/S. CARBORUNDUM UNIVERSAL LTD

RESPONDENT: SPL. OFFICER (REVENUE) KSEB & ORS

DATE OF JUDGMENT: 23/01/2008

BENCH: H.K. SEMA & LOKESHWAR SINGH PANTA

JUDGMENT: JUDGMENT

O R D E R

CIVIL APPEAL NO. 4271 OF 2003 WITH  Civil Appeal NO. 4277 of 2003  Civil Appeal NO. 4273 of 2003  Civil Appeal NO. 8702-8703 of 2003  Civil Appeal NO. 4274 of 2003   Civil Appeal NO. 4275 of 2003   Civil Appeal NO. 4276 of 2003  

       Heard learned counsel for the parties.

       Mr. C.A. Sundaram, learned senior counsel appearing for the appellant(s) fairly  submits that he has given up all other contentions except that the appellant is willing to  pay the electricity charges as per clause (1) of the Board’s order D.O. No.  Plg.Cost.902/PC/86 dated 14/10/1988.  Mr. T.L.V. Iyer, learned senior counsel  appearing on behalf of the respondent, however, brought to our notice clause (5) of the  said order which stipulates that the special allocation of power over and above the quota  during power cut period will be charged at 80 paise per unit, the rate applicable for  imported energy.  Since the power cut has admittedly been lifted on 14/8/1986 and in  view of clear order of the board in clause(1) .....2.

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of the order, we are of the view that clause (5) of the order is not attracted in these case s  and, therefore, the appellant(s) are covered by clause (1) of the Board’s order.   

       Accordingly, we direct that the appellant(s) shall be charged electricity charges in   terms of clause (1) of the Board’s order D.O. No. Plg.Cost.902/PC/86 dated 14/10/1988  in the ratio 25:75 on the actual consumption.  This would be in consonance with the  Board’s order.   

       Appeals are disposed of in the above terms.