Abhijit Tea Company Pvt. Ltd vs West Bengal Industrial Development ... on 19 May, 2011
In an unreported judgment in W.P. No. 13542 (W) of 2003 (The Kharibari
Tea Company Ltd. & Anr. Vs. West Bengal State Electricity Board & Ors.), the
Court came to the conclusion that on the basis of admitted fact that there was no
electrical supply lying in the existing industrial unit of the said writ petitioner
while was engaged for harvesting the green leaves as the unit was being operated
by a generator, there was no satisfaction of the meaning of the word 'additional
consumption' and accordingly the concerned clause of concession is not
attracted. The petitioner was never the consumer of electricity and accordingly
there was no question of additional consumption due to setting up of processing
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and manufacturing units de novo by installing the new machines and the Court
upheld the decision of the authorities dismissing the writ petition.