2008 INSC 0173
                                    SUPREME COURT OF INDIA

                                       Carborundum Universal Ltd.

                                                      Vs.

                                  Spl. Officer (Revenue) Kseb & Ors.

                                           C.A.No.4271 of 2003

                             (H.K. Sema and Lokeshwar Singh Panta,JJ.)

                                                 23.01.2008

                                                   ORDER

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

1. Heard learned counsel for the parties.

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

3. 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.

1  SpotLaw