JUDGMENT - KHANDEPARKAR R.M.S., J.:-Heard. Perused the records. The following questions arise for determination in this petitioner :-

(i) Whether, in a case of absence of dispute about the total stoppage or malfunctioning of the meter, can the Electrical Inspector exercise the power under the section 26(6) of the Indian Electricity Act, 1910, hereinafter called as "the said Act", and if so, at what stage?

(ii) What is the procedure to be followed by the licensee for the recovery of the amount for the actual quantity of the units of electricity consumed by the consumer during the period when the meter, to the knowledge of the licensee, had undisputedly stopped or had been, undisputedly, malfunctioning?

2. The petitioner-Corporation challenges the orders passed by the Electrical Inspector on 18-8-1999 in exercise of the power under the section 26(6) of the said Act and the Appellate Authority on 2-2-2000 in exercise of the power under the section 36(2) of the said Act.

3. The facts relevant for the decision are that the petitioner-Corporation is engaged in the supply of electrical energy to the area comprised of Mumbai as the licensee within the meaning of the said expression under the

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