JUDGMENT :- This first Appeal has been filed against the judgment and decree dated 9-8-96 passed by the learned Asstt. District Judge No. 2, Cachar at Silchar decreeing the suit by which the penal bills as mentioned in para 17(a) of the plaint was declared to be illegal and void. It was further decreed that the defendants are not entitled to realise any amount in such bills. The suit was also decreed for permanent injunction. The plaintiff Tea Co. brought a suit against the ASEB and others and their case was that the amount of penal charge of Rs. 1,12,748.79 P. demanded by the penal bills dated 21-8-94 is illegal and that further claimed that there was consumption of electricity of 231.4 KWs in place of sanction limit of 250 KW is illegal. It was further stated that this penal bill was prepared on the basis of inventory prepared by the officers of defendant during their visit on 8-11-83. The said inventory illegally included the stand-by motors and as such the suit was filed. A written statement was filed and in paras 11, 13, 14 and 17 it is stated as follows :

"11. The statements made in para 4 of the plaint is rather distorted and misrepresented. The plain