THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Review W.P.M.P.No.12273 of 2010 in/and Writ Petition No.5855 of 2010 ORDER: This is an application to review order, dated 23.03.2010, in W.P.No.5855 of 2010. The petitioner herein filed W.P.No.5855 of 2010 for a mandamus to declare the action of the respondents in not derating the contracted maximum demand (CMD) from 500 KVA to 150 KVA and continuing to levy the consumption charges on 500 KVA as illegal and arbitrary. By considering condition No.5.9.4.2 of the terms and conditions of supply of the respondent-Corporation, this Court inter alia held as under: “From the above condition, it is clear that any request for deration of the CMD can be entertained on the expiry of initial two years period and the same will be accepted on the expiry of three months notice period. In view of this specific condition, it cannot be said that the action of the respondents in not accepting the petitioner’s request made before the expiry of the stipulated maximum period for deration is either arbitrary or illegal. However, I find justification in the petitioner’s request to compute the period of two years and three months from the date of release of initial power supply viz., 15.05.2005 for the purpose of deration. The learned Standing Counsel also fairly stated that the respondents will derate the CMD on the expiry of 27 months reckoned from 15.04.2008.” The present petition is filed to review the said order to the limited extent of finding of this Court that the petitioner is entitled to deration of the CMD on the expiry of 27 months from the date of release of power supply. A plea is taken in the review petition that the initial 2 year period expired on 15.04.2010, while the three months’ notice period has expired on 01.05.2010, and that on a proper interpretation of condition No.5.9.4.2, the petitioner is entitled for deration on the expiry of three months’ notice period and not on the expiry of 27 months period from the date of release of power supply. After hearing the learned counsel for the parties, I find force in the said plea. The said condition inter alia provides that while the consumer may seek reduction of the contracted maximum demand or termination of the HT agreement by not less than three months’ notice, if for any reason the consumer chooses to derate the CMD or terminate the agreement, before the expiry of the minimum 2 year period of the Agreement, the CMD will be derated or the Agreement will be terminated with effect from the date of expiry of the initial 2 year period of the Agreement or after expiry of 3 months notice period whichever is later. In this case, admittedly, 3 months’ notice period has expired on 01.05.2010 and therefore, the said period being later than the initial 2 year period, the petitioner is entitled for deration w.e.f., 01.05.2010. Accordingly, the order, dated 23.03.2010, is reviewed by deleting the direction that the deration shall take effect on the expiry of 27 months from the date of release of power supply and instead it is held that the petitioner is entitled for deration w.e.f., 01.05.2010. The Review WPMP is accordingly allowed to the extent indicated above. C.V.NAGARJUNA REDDY, J 25th April, 2011 VGB