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2001 Supreme(Bom) 910

H.L.GOKHALE
Bhrihanmumbai Municipal Corporation – Appellant
Versus
Sapyah Trust and Sarkar Trust and others – Respondent


JUDGMENT - H.L. GOKHALE, J.:---The petitioner is a statutory authority constituted under the Bombay Municipal Corporation Act, 1888. Amongst its activities, it distributes and supplies electrical energy in the city of Mumbai through the Brihanmumbai Electric Supply Transport Undertaking (B.E.S.T.) which is a "licensee" within the definition of the term under The Indian Electricity Act, 1910 ("the said Act", for short). Respondent No. 1 is one of the consumers of electrical energy. Respondent No. 3 is the Electrical Inspector, who has jurisdiction to decide the difference or dispute arising out of defective meters as specified under section 26(6) of the said Act. Respondent No. 2 is the Minister of State for Energy of the appropriate Government, to whom an appeal is provided under section 36(2) of the said Act from the decision of the Electrical Inspector.

2. The 1st respondent-Trust was having a meter bearing meter No. 790046 installed at its premises. It was a low capacity meter. At the request of the 1st respondent, that meter was replaced by high capacity meter bearing meter No. 930042. That was in the year 1995. Subsequently in December 1996, during the course of inspection, i


































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