IN THE HIGH COURT OF BOMBAY
R.M. Lodha, J.
Shri U.A. Thadani another..... Petitioners.
Versus
B.E.S.T. Undertaking another..... Respondents.
Writ Petition No. 1075 of 1995, decided on 17-1-2000.
Advocates appeared :
Rajiv Narula with Anuj Narula, for petitioner.
V.R. Dhond i/by Gagrat Co., for respondents.
2.The first petitioner is one of the partners of the 2nd petitioner firm. The 1st respondent is Bombay Electricity Supply and Transport Undertaking of the Municipal Corporation of Greater Bombay. The 1st respondent supplies electricity to the consumers in the city of Bombay. The 2nd respondent is the Superintendent Consumer, BEST Undertaking who has issued the impugned debit notes. The petitioners have stated in the writ petition that prior to 1980 one Shri Fakir Mohd. Hussien Co. was conducting the threatre Ganesh Talkies. The said firm transferred the said threatre and 1st petitioner is carrying on the business in the name and style of M/s. Ganesh Talkies of screening and exhibiting motion films at 41, Arthur Road, Lalbaug, Bombay. The said threatre Ganesh Talkies has been allotted two meters, namely, Meter No. 0922453 and 0328359 for supply of energy by the 1st respondent. On 29-3-95, the petitioners received from the respondents two bills of even date calling upon the petitioners to pay the sum of Rs. 4,14,371/-. The said amount of Rs. 4,14,371/- included the amount of Rs. 2,82,130.48 P. payable in respect of Debit Note dated 3-2-95 which was raised by respondent No. 2 for the period 26-11-91 to 6-5-94 since multiplying factor was wrongly charged. The said total amount of Rs. 4,14,371/- also included a sum of Rs. 9,675/- payable in respect of another debit note of the even date for the period 7-3-94 to 29-3-94 since the said amount was not billed and an amount of Rs. 1,32,240/- was charged towards current bill. The copy of the said bill dated 29-3-94 is marked as Exhibit "A" and the copies of the two debit notes dated 3-2-95 are marked Exhibits "B" and "C" respectively. It is the case of the petitioners that the manager of petitioner No. 2 visited the office of the 2nd respondent upon receipt of the said debit notes and the bill and objected the correctness of the said bill though he showed his readiness to pay the amount of Rs. 1,32,240/- which was amount due towards consumption of energy for the current period. The respondent No. 2 however refused to accept the part payment of Rs. 1,32,240/- and, therefore, the petitioners through their Advocate's letter dated 5-4-95 called upon the 2nd respondent to explain the full terminology of "M.F. wrongly charged" as recorded in the debit note and also called upon the 2nd respondent to explain as to how the debit note came to be issued. The petitioners also forwarded with the said letter a cheque for the sum of Rs. 1,32,240/-. The petitioners also called upon respondent No. 2 to not to disconnect the electric supply till the liability was legally determined. A copy of the notice dated 5-4-95 has been annexed by the petitioners as Exhibit "D". The 2nd respondent though received the said notice dated 5-4-95 but deliberately failed and neglected to give any reply to the said notice. It is the case of the petitioners that on Friday, i.e. 28-4-95 a new motion picture named "BOMBAY" was slated to be screened in the petitioners' threatre. On the morning of 28-4-95 some officers of the respondents came to petitioners' threatre Ganesh Talkies and illegally disconnected the electric supply. The manager of the petitioners went to the office of respondent No. 2 and explained the position to the concerned officer but the respondents refused to reconnect the electric supply to the threatre and insisted that the minimum amount of Rs. 1,25,000/- be paid by the petitioners otherwise the electric supply shall not be reconnected. The manager of the petitioners was also
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