Case Details

Citation(s)
1985 SLG 1071 1985 SLD 1071 1985 SCMR 2049
Supreme Court of Pakistan
Civil Petitions Nos. K-24 to 27, 34 of 1983 and K-335 of 1982, decision dated: 26-01-1983
NASIM HASAN SHAH AND ZAFFAR HUSSAIN MIRZA, JJ

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STAR TEXTILE MILLS Ltd. and 5 others

VS

. K.E.S.C. and another--Respondents

Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Electricity Act (IX of 1910), S. 24 [as amended by Electricity (Amendment) Ordinance (LXII of 1979))--Discontinuance of electric supply--Demand of additional security deposit from consumers-­Leave granted to consider question of law of general public importance; viz. (i) whether in view of amendments effected in Electricity Act, 1910 by means of Ordinance LXII of 1979, in terms whereof power to disconnect electricity which previously was given in case in which security had become invalid or insufficient, was now restricted only to cases in which it had become invalid, it was open to Electric Supply Company to discontinue supply of electricity on ground that security had become insufficient; (11) that whether clause 10 of Agreement between parties provides justification in law to Electric Supply Company to enable it to demand additional security; (iii) that whether in any event provisions of clause 10, as interpreted by Electric Supply Company could prevail over statutory provisions; and (iv) whether S.24 of Electricity Act, 1910 was correctly interpreted by High Court in holding that said provision supported action of Electric Supply Company Khalid Anwar, Advocate Supreme Court and S.M. Abbas, Advocate-on-Record for Petitioners. Noorul Hassan, Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Respondents. Date of hearing: 26th January, 1983. ORDER ZAFFAR HUSSAIN MIRZA, J.--These six petitions for special leave to appeal arise out of a common judgment of a Division Bench of the Sind High Court, dated 22-11-1982 and therefore, this order will cover all the six petitions. 2. The petitioners are companies owning and operating Textile Mills at Karachi, and for the supply of electricity, had entered into separate agreements with the Karachi Electric Supply Corporation Limited (K.E.S.C.) respondent No. 1 herein. According to the terms of the said agreements, each petitioner was required to deposit in each with the K.E.S.C., a certain amount of money mentioned in the agreement, by way of security. In pursuance to this stipulation each petitioner had deposited the sum as agreed. However, subsequently by a…
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