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2002 Supreme(Guj) 570

Gujarat High Court
Judgename :D.A.MEHTA
MODERN TERRY TOWELS LIMITED - Appellant
Versus
GUJARAT ELECTRICITY BOARD - Respondent
S.C.A. 5348 of 2002
Decided On : 08/01/2002

Advocates Appeared: A.D.OZA, TUSHAR MEHTA

Headnote:

Companies Act,1956 -Indian Penal Code Section 378, 26 - Electricity (Supply) Act,1948 -Petitioner, a Company, duly registered under the provisions of the Companies Act,1956, is engaged in the business of manufacturing 100% cotton towels, within the territorial jurisdiction of Sanand Sub-Division of the Gujarat Electricity Board (for short the Board ). The Board supplies electricity to the petitioner exclusively by way of a separate feeder having separate meters at both the ends viz. Sub-station from which the power is supplied and the point at which the power is received i. e. at the petitioners installation. The petitioner is a high tension consumer of the Board having HT. Consumer No. 17263. The petitioners contracted demand is 2400 KVA. The petitioner is provided with special electric meter known as Static meter or Trivecto meter which has inbuilt anti-tampering device. Appellate Committee of the Board suffers from the vice of non-application of relevant facts and misreading of provisions of law and the facts placed before it and thus illegal, arbitrary and violative of Articles 14 and 19 of the Constitution of India. (D) Your Lordships will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent-Board to produce before this Honble Court the details viz. (1) locational details of all 5 seals provided on PT Control, (2) installation checking and MRI reports of the parallel meter i. e. Sanand GSS MTTL, feeder meter, (3) copy of sealing register of laboratory of petitioners static meter installed near the petitioners premises. (E) This Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be gratned declaring Condition No. 34 framed by the Board to be illegal, arbitrary, irrational and violative of Articles 14 and 19 of the Constituion of India" -Held Board has failed to discharge the onus which lay upon it and the appellate committee has similarly failed to apply its mind to this aspect of the matter. The appellate order at Annexure "a" is therefore set aside. The petitioner, during the course of hearing, very fairly agreed that in light of the observations of this Court as regards the true scope of term theft and malpractice, it would willingly go before the appellate authority and present its case once again provided the appellate committee ensures that the Board supplies all the necessary data which the petitioner had requested. order, and the consequential supplementary bill dated 8. 5. 2002 are hereby quashed and set aside. The appeal of the petitioner being Appeal No. A-7/2002 shall stand restored to file of the appellate committee. The appellate committee shall hear both the sides after giving full and proper opportunity to present the respective cases bearing in mind the relevant legal provisions and without being influenced in any manner whatsoever by the prior proceedings. The respondent Board shall not disconnect the power supply till the appeal is heard and finally disposed off and in case the petitioner is thereafter required to make any payment by reason of fresh supplementary bill the petitioner shall be granted reasonable time for meeting with its liability in such circumstances. view that has been taken and any observations made hereinbefore shall not be construed as findings in relation to merits of the matter as they are merely prima facie observations to point out the fallacy in the approach of the appellate committee. petition therefore, stands allowed to the aforesaid extent. Rule made absolute. There shall be no order as to costs -Petition is Allowed.

D. A. MEHTA, J.

( 1 ) RULE. Mr. A. D. Oza, learned Advocate appears and waives service on behalf of respondent-GEB. As the pleadings are complete, by consent of both the sides the matter has been heard and is being disposed of finally.

( 2 ) THE petitioner, a Company, duly registered under the provisions of the Companies Act,1956, is engaged in the business of manufacturing 100% cotton towels, within the territorial jurisdiction of Sanand Sub-Division of the Gujarat Electricity Board (for short the Board ). The Board supplies electricity to the petitioner exclusively by way of a separate feeder having separate meters at both the ends viz. Sub-station from which the power is supplied and the point at which the power is received i. e. at the petitioners installation. The petitioner is a high tension consumer of the Board having HT. Consumer No. 17263. The petitioners contracted demand is 2400 KVA. The petitioner is provided with special electric meter known as Static meter or Trivecto meter which has inbuilt anti-tampering device.

( 3 ) ON 18. 1. 2002 a supplementary bill for a sum of Rs. 5,68,43,311. 20 was issued stating that the same was against installation checking dated 24. 12. 2001 and Lab inspection which was jointly carried out on 17. 1. 2002. On the same date the electric supply was disconnected. Upon the petitioner depositing a sum of Rs. 30 lacs the electricity was restored on 28. 2. 2002. The petitioner preferred an appeal before the Appellate Committee under Condition no. 34 of the Conditions and Miscellaneous Charges For Supply of Electrical Energy (Conditions) raising several contentions to the effect that there was no evidence to infer the theft alleged against the petitioner. The Appellate Committee on 16. 04. 2002 (Annexure "a") dismissed the appeal of the petitioner in principle but granted some relief as regards the assessment and computation. The Board thereupon issued a revised supplementary bill dated 8. 5. 2002 for a sum of Rs. 3,35,34,291. 20. In the aforesaid circumstances the following reliefs have been prayed :" (A) This Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be granted quashing and setting aside the impugned order at Annexure-A in so far as the appeal filed by the petitioner is partly dismissed. (B) This Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be granted quashing and setting aside the impugned supplementary bill and revised supplementary bill declaring the same to be unjust, illegal, arbitrary and without jurisdiction and directing the respondents, their officers, agents and servants to refund the amount paid by the petitioner with commercial rate of interest. (C) This Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be granted declaring that the order passed by the Appellate Committee of the Board suffers from the vice of non-application of relevant facts and misreading of provisions of law and the facts placed before it and thus illegal, arbitrary and violative of Articles 14 and 19 of the Constitution of India. (D) Your Lordships will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent-Board to produce before this Honble Court the details viz. (1) locational details of all 5 seals provided on PT Control on 3/10/1993, (2) installation checking and MRI reports of the parallel meter i. e. Sanand GSS MTTL, feeder meter, (3) copy of sealing register of laboratory of petitioners static meter installed near the petitioners premises on 12/09/1995. (E) This Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction may


































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