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Citation: 1971 PLD 317
Court: Lahore High Court
Year: 1970
Decision Date: 1970-05-06
Parties: MURREE BREWERY Co. LTD. vs PROVINCE OF WEST PAKISTAN AND ANOTHER
Case cited as PLD 1971 Lahore 317
Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Shafi-ur-Rehman Title: MURREE BREWERY Co. LTD. vs PROVINCE OF WEST PAKISTAN AND ANOTHER Case No.: Writ Petition No, 314 of 1970 Date of Judgment:1970-05-06 Reported As: PLD 1971 Lahore 317 Result: Petition dismissed JUDGMENT JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, Murree Brewary Company Ltd. (hereinafter referred to as the Company) is a bulk supply consumer of electricity and had, for the purpose, entered into an agreement with the Rawalpindi Electric Power Company Ltd. (hereinafter referred to as Repco), a licensee under The Electricity Act, 1960. In exercise of powers conferred by section 6 of The Punjab Electricity (Emergency Powers) Control of Supply Act, 1949 read with clause 11 of the Schedule to The Electricity Act, 1910, the Governor of West Pakistan by a notification dated 26th August 1969 authorised Repco to :-- "(i) charge under clause 8 of the Rawalpindi Electric Licence 1923, the maximum rates and meter rentals, as specified in the Schedule given hereinafter with effect from 1st July 1969, i,e,, from the meter reading month commencing in July 1969; and (ii) enter into fresh contract with the bulk supply consumers on the basis of the maxima rates and meter rentals now prescribed in supersession of the previous agreements with them, if any." The rates given in the Schedule to the notification were higher than those applicable earlier. The Repco, in consequence, demanded from the Company…
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