R. Subhash Reddy, J.

This Letters Patent Appeal is filed under clause 15 of the Letters Patent, by the original petitioner, aggrieved by the order dated 19.02.2018 passed by the learned Single Judge in Special Civil Application No.10600 of 2008.

2. The appellant herein - original petitioner is a proprietorship firm, which is engaged in the business of running motion pictures in the name of 'Jayshree Talkies' situated at Junagadh.

3. The above Special Civil Application is filed with the prayers which reads as under :-

"25(A) Admit this Special Civil Application.

(B) Allow this Special Civil Application by issuing a writ of mandamus or any other appropriate writ, direction or order quashing and setting aside the supplementary bill at Annexure issued for consumer No.35101/55001/8 meter No.307031 (air condition plant) as the same is unjust, improper and to restore the connection on any appropriate terms and conditions in the interest of justice.

(C) This Hon'ble Court may be pleased to direct the respondent to restore the electric connection of the petitioner for air condition plant on any appropriate terms and conditions in the interest of justice.

(D) Pending admission and till final disposal of this petition, this Hon'ble Court may be pleased to direct the respondents to restore the electric connection of the petitioner for air condition plant on any appropriate terms and conditions in the interest of justice.

(E) Grant such other and further reliefs as deemed just and proper in the interest of justice."

4. The learned Single Judge by order dated 19.02.2018 dismissed the petition by vacating earlier interim order passed during the pendency of the petition on 22.09.2008.

5. The appellant - cinema hall is having electricity supply from the respondent company with three phase industrial connection bearing Consumer No.35101/5500/8. Said connection is being used for the purpose of running theater and also air conditioning plant. On 05.07.2008, a complaint was made by the appellant stating that power supply is not available from the meter, and such complaint was registered as No.10624 on 05.07.2008. The meter was taken out on the same day by carrying out Rojkam. It is the case of the appellant - original petitioner that though the meter itself is defective, alleging that the appellant is indulged in theft of energy, supplementary bill is issued for an amount of Rs. 17,18,384.43 ps. It is the allegation of the appellant that there was complaint about meter manufactured by Duke Company and inspite of same, meter is not replaced, and by making false allegations, supplementary bill is raised. Mainly, in the Special Civil Application, it is the case of the original petitioner that no opportunity is given and without conducting proper inquiry, supplementary bill is issued. It is alleged that meter was faulty and inspite of circular of the Board, meter was not replaced, and as such the petitioner cannot be saddled with liability. Mainly, it was the case of the petitioner that no opportunity is given before issuing supplementary bill.

6. In the Special Civil Application, affidavit in reply is filed on behalf of the respondent Company. In the affidavit in reply, while denying various allegations made by the appellant, it is stated that the appellant was provided with three phase electrical connection and on the complaint made by the appellant on 05.07.2008, same was attended on the same day and as per Rojkam, MMB seal fell down on the very first touch. The old MMB and meter were replaced with new meter with new MMB. It is stated that meter was checked in the laboratory on 14.07.2008 in presence of consumer and as the power theft was established, as such, the appellant was served with supplementary bill on ABCD formula, for theft under Section 135 of the Electricity Act of 2003. Further, referring to past incidents, it is pleaded that when supplementary bill was issued, same was finally compromised and settled. Further, it is pleaded that case