JUDGMENT : C.K. Buch, J. By means of taking out this judge's summons, the applicant Gujarat Ambuja Exports Ltd. (GAEL for short) has prayed that the name of the applicant-company be entered into the register of the Gujarat Electricity Board (GEB for short) as the consumer in respect of connection No. 33222 without requiring the applicant to pay an additional security deposit. It is further prayed that applicant-company be treated as the consumer of the GEB for the purpose of the aforesaid connection. I have heard learned counsel Mrs. Soparkar for the applicant-company and Ms. Shraddha Trivedi, learned counsel appearing for the GEB. Since the court was personally interested in knowing the mathematical technicality, if any, in the scheme of the GEB, learned counsel appearing for the GEB was asked to keep a responsible officer of the Board present before this court and accordingly, Shri Bhupendra Joshi, Executive Engineer of the concerned area of the GEB appeared before the court and assisted the court in relation to the mathematics normally applied in calculating and fixing the security deposit etc. and the policy of the GEB qua enhancement of the security deposit, at any time during the life of the contract. I have carefully considered condition No. 22 which relates to the security reproduced at pages Nos. 27 to 29 of the affidavit-in-reply filed on behalf of the respondent GEB. It is submitted on behalf of GEB that the demand of additional security deposit is legal and valid and is in accordance with rules and regulations. Learned counsel appearing for the Board has taken me through relevant rules of the Indian Electricity Rules, 1956. Conditions of Supply relating to security deposit provide that the Board shall be at liberty at any time to apply any security so deposited towards the payment or satisfaction of any sum which shall become due owing by the consumer. The Board shall also be at liberty to demand enhanced security deposit from the consumers at any time during the life of the contract. The consumer may at any time with the previous consent of the Board transfer the contract and its liabilities to any other person approved by the Board. The Board shall also be at liberty to demand enhanced security deposit from the consumers at any time during the life of the contract. The consumer may at any time with the previous consent of the Board transfer the contract and its liabilities to any other person approved by the Board. In light of this, it is contended that the amalgamation of Gujarat Ambuja Proteins Ltd. (GAPL for short) with GAEL can be considered as transfer and it should be held that GEB is entitled to ask the applicant-company to pay enhanced security deposit as per the recent tariff. Mrs. Soparkar, learned counsel appearing for the applicant-company mainly relies on the scheme of amalgamation of both the companies under the Companies Act, 1956, and the relevant provisions of the said Act. She has analysed relevant law of amalgamation and merger and has pointed out that technically, two companies can be termed as transferor and transferee-company. However, under the concept of amalgamation, GAPL has amalgamated with GAEL. It is not a matter of dispute that the applicant-company has not asked for any additional load in supply of electricity. That the same management of both these companies is handling the affairs after amalgamation order passed by the court, and is dealing with the assets and liabilities of GAPL, viz., because of the effect of order of amalgamation passed by this court. The facts and circumstances of the case indicate that the demand raised by the GEB to pay additional security deposit amount is unjustified and enhancement cannot be said to be in accordance with rules and regulations. It is further submitted that this is not a case of voluntary transfer of the undertaking, but this is a case of amalgamation under the orders of the court. Opponent GEB, after orders of amalgamation passed by this court, is bound to recognise the applicant-company as the consumer of electricity supply in the place of GAPL. Under the scheme of amalgamation the whole of the undertaking of GAPL and other interest in or arising out of the properties of GAPL has vested in the applicant-company. So, this is a case of vesting of a right and not of transfer of a right or property. It is rightly contended by the applicant that there is no question of any transfer taking place in fact or in law. So, this is a case of vesting of a right and not of transfer of a right or property. It is rightly contended by the applicant that there is no question of any transfer taking place in fact or in law. This case relates to the powers conferred upon GEB under Section 49 of the Electricity (Supply) Act, 1948, and the terms and conditions framed by GEB thereunder. Let me quote relevant condition 22 of Conditions and Miscellaneous Charges for Supply of Electrical Energy, which is as under : "22. The Board may require any consumer to enter into a formal contract in the form prescribed by the Board and further to deposit security in cash against the payment of electricity bills. This deposit will be returned on the termination of the contract. In the event of no formal contract having been entered into between the Board and the consumer, the latter after once the supply of electricity has commenced, shall be bound by the terms and conditions of supply herein set forth. The consumers shall not refuse to tender an agreement, if so required upon by the Board at any time after the supply is commenced notwithstanding that the same was not entered into before the supply is commenced. In such an event, the date of commencement of contract shall be the date of commencement of supply to the consumer. If any consumer terminates his agreement within the period of the agreement (or where no formal agreement is tendered if the supply is discontinued within the period which would have been applicable if an agreement had been tendered) he shall be liable to pay the minimum charges for each month short of the period specified in the agreement. The Board shall be at liberty at any time to apply any security so deposited towards payment or satisfaction of any sum which shall become due owing by the consumer. The Board shall also be at liberty to demand enhanced security deposit from the consumers at any time during the life of the contract. The consumer may at any time with the previous consent of the Board transfer the contract and its liabilities to any other person approved by the Board. The security deposit which is paid by the consumer shall carry no interest." I agree with submissions made by learned counsel Mrs. Soparkar for the applicant-company. The consumer may at any time with the previous consent of the Board transfer the contract and its liabilities to any other person approved by the Board. The security deposit which is paid by the consumer shall carry no interest." I agree with submissions made by learned counsel Mrs. Soparkar for the applicant-company. I agree that the plain reading of rules of Electricity Supply empowers the opponent GEB to enhance the security deposit amount. However, it is accepted fairly be the otherside that normally, the Board does not exercise such powers indiscriminately. It is not a matter of dispute that there is no addition or any alteration in the sanctioned load of supply for which adequate security deposit is with GEB qua connection No. 33222 (Village : Dalpur, Ta : Prantij). Recent tariff rate would not be applicable in this set of facts as it is not a case of transfer of one company to another or transfer of property under a contract. Under the circumstances, I am inclined to accept the contentions raised by learned counsel appearing for the applicant-company by rejecting the resistance put forward by the learned counsel appearing for the GEB. Under the circumstances, the application is allowed. Opponent GEB is directed to register the name of the applicant-company as the consumer in respect of Connection No. 33222 (Village : Dalpur, Ta : Prantij) without requiring the applicant to pay an additional security deposit as demanded, treating the applicant-company as the consumer of the opponent GEB and treating security deposit already paid to the opponent GEB as the security deposit of the applicant-company. Application stands allowed accordingly.