R. V. RAVEENDRAN, J.

( 1 ) THE electrical installation at petitioner's factory at shahabad bears r. r. No. Sabd h. t. 2. The meter fixed to the said installation to measure and record the electricity consumption, was not recording between 24-9-1990 and 29-10-1990, on account of the 'b' phase fuse of the potential transformer 11 kv. /110 v of f-7 feeder being blown off on 24-9-1990 which was replaced/rectified on 29-10-1990.

( 2 ) IN regard to the months of September and October 1990, the board had initially raised bills for a consumption of 23,10,480 units and 17,50,080 units. These were paid by the petitioner. Subsequently, the board sent revised bills dated 11-1-1991 for September and October 1990 reworking the consumption figures by taking note of the consumption during the period when the meter was not functioning. As per the revised bills, petitioner was required to pay Rs. 11,15,062. 20 for September 1990 and Rs. 22,49,897/70 for October 1990, in all Rs. 33,64,959/90 to be paid by 10-2-1991. As the meter was not functioning between 24-9-1990 and 29-10-1990, the revised bills were made on tha basis of an assessment of the electricity that would have been consumed by the petitioner and on the basis of the meter readings, before the blow-out and after the repairs. The petitioner did not agree with the supplemental demands and challenged the two bills dated 11-1-1991 in W. P. No. 10448 of 1991. On 8-11-1993, the petition was dismissed reserving liberty to petitioner to avail the alternative, remedy by filing an appeal under regulation 46. 01 of the Karnataka electricity board electricity supply regulations ('regulations' for short ). The petitioner challenged the said order of the learned single judge by filing an appeal in w. a. No. 306 of 1994. The appeal was disposed of by the division bench, by order dated 16-3-1994 by relegating the petitioner to the remedy under Section 26 (6) of the Indian electricity Act, 1910, ('act' for short) subject to petitioner paying Rs. 8,00,000/- towards the amount claimed under the two bills dated 11-1-1991. In this manner, the dispute was referred to the electrical inspector (third respondent) for decision under Section 26 (6) of the Indian electricity Act, 1910 ('act' for short ).

( 3 ) THE chief electrical inspector considered the matter and passed an order dated 24-2-1996 (annexure 'e' ). He determined the quantum of electricity consumed during the said two months on pro rata basis. He determined the consumption as 28,88,100 units for September 1990 and 28,15,200 units for October 1990. As the board's ledgers showed that petitioner had already been billed for 23,10,480 units for September 1990 and 17,50,080 units for October 1990, he arrived at the balance units to be billed as 4,11,570 units and 9,17,580 units (after deducting the colony consumption of 1,66,050 units and 1,47,540 units ). He calculated the charges payable for the said units at Rs. 1. 15 per unit and tax at Rs. 0. 10 per unit and determined the additional amount payable as Rs. 5,14,462. 50 for September 1990 and Rs. 11,46,975/- for October 1990, (in addition to the amount already paid by the petitioner for a consumption of 23,10,480 units and 17,50,080 units) in all Rs. 16,61,437. 80. He thus reduced the revised demand of Rs. 33,64,959. 90 made as per the two bills dated 11-1-1991 by Rs. 17,03,523. 20 and directed the petitioner to pay Rs. 16,61,437. 50 only towards the two revised bills dated 11-1-1991.

( 4 ) PETITIONER had paid a sum of rs 2,00,000/- as per receipt dated 27-3-1991 apart from Rs. 8,00,000/- paid as per the direction in w. a. No. 306 of 1994, acknowledged by receipt dated 25-8-1994. After deducting the same, the amount due as per the order of the chief electrical inspector is Rs. 6,61,437. 50. Hence, the board has sent a letter dated 18-3-1996 (annexure 'f') claiming a sum of Rs. 6,61,437/- as the balance due for September 1990 and October 1990 (described as back-bill charges) and a sum of Rs. 14,98,967/

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