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august 1968

Supreme Court of India · 1968-08-06

GUJARAT ELECTRICITY BOARD vs SHANTILAL R. DESAI

Citation / case number
SC 1966/60445
Court
Supreme Court of India
Petitioner
GUJARAT ELECTRICITY BOARD
Respondent
SHANTILAL R. DESAI
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that under Section 7 of the Indian Electricity Act, 1910, the authority must exercise its option to purchase an electricity undertaking by issuing a notice as required by Section 7(4). The Court clarified that the option to purchase and the election to purchase are part of a single process, and the notice issued on January 8, 1959, was sufficient to compel the respondent to sell the undertaking. The High Court's decision was overturned, affirming the appellant's right to purchase the undertaking upon the expiration of the license.

GUJARAT ELECTRICITY BOARD vs SHANTILAL R. DESAI · Niyam