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2008 Supreme(Pat) 1344

RAMESH KUMAR DATTA
J. M. D. Alloys Limited – Appellant
Versus
Bihar State Electricity Board – Respondent


Judgment

Ramesh Kumar Datta, J.

1. Heard Mr. Y.V. Giri, learned Senior Counsel for the petitioner and Mr. Chitranjan Sinha, learned Senior Counsel for the Bihar State Electricity Board. The petitioner has approached this Court for quashing the revised punitive bill dated 16.6.2008 (Annexure-8) raised by the Bihar State Electricity Board, by which the petitioner has been asked to make payment of Rs. 1,74,79.090/- and for further direction to raise a fresh energy bill for the period from 3.4.2008 to 24.4.2008 in terms of Clause 9.16 of the Bihar Electricity Supply Code, 2007 and although denying the tampering or theft but in the event the said plea is not accepted then for a direction to correct the impugned punitive bill for 32 days instead of 100 days and also to declare the agreement dated 14.5.2008 entered into between the petitioner and the Electricity Board for payment of punitive bill in instalments as void under Section 23 of the Contract Act.

2. The brief facts of the case are that on 16.1.2008 a new H.T.T.V. meter was installed and commissioned by the Bihar State Electricity Board in the petitioners factory, which was supplied and installed by M/s. Secure Meters Ltd. It is s












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