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2009 (12) TMI 517 - HIGH COURT OF ALLAHABADRecovery for damages - whether ultra vires? - Held that:- Present case is in the nature of contract of indemnity for any loss of the licensee for the period less than two years or for six months which ever is less. Therefore, such recovery is in the nature of damages. Thus, such recovery cannot be held bad for the newly registered consumer under regulation 17 (ii), hence, it is intra vires. But when the consumer is old registered consumer where fresh agreement/s is/ are executed only for load capacity, cannot be treated to be newly registered consumer in view of regulation 17(vi), therefore, claim of licensee against consumer is ultra vires by operation. The order impugned is quashed. The petitioner is entitled to the relief of refund upon adjustment of admitted sum, if any, within a period of two months from the date of communication of this order
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