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2007 Supreme(Del) 789

S.MURALIDHAR
Col. R. K. Nayar – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Party-in-person For Respondents/Defendant: M.S. Vinaik, Adv., Sakie Jakharia, Adv. for NDPL and B.C. Pandey, Adv. for Delhi Transco Ltd.

JUDGMENT

S. Muralidhar, J.

1. The petitioner resides in the second floor of B-42, Kailash Colony. He filed this writ petition to challenge a speaking order dated 14.12.2004 passed by the respondent BSES Rajdhani Power Ltd. The petitioner also challenges bills raised for fraudulent abstraction of energy (FAE) in the sum of Rs. 6,97,030/- for a connection K. No. 009-0803434 and for an amount of Rs. 1,65,910/- for a connection K. No. 013-1333658.

2. The background to the filing of the petition is that in May 1992 the petitioners wife opened a beauty clinic in the basement of the premises. A voluntary declaration of commercial use on one of the meters was made by the petitioner. An inspection was conducted of the premises on 1.8.1998 by one Shri G.K.Kaushal, Inspector, Meter Testing Department (MTD). It was found that there were three connections: K. No. 009- 0803434, K. No. 009-1333658 and 0131333666. As regards the connection K. No. 009-0803434 which was for meter No. 4G 9022557, the seals of CT Box and meter box (common) were found tampered. As regards K. No. 013-1333658 concerning meter No. 4G 9022570 a common CT and meter box seals were found missing. The meter half-seal found fixe
























































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