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2008 Supreme(Ker) 166

THOTTATHIL B.RADHAKRISHNAN
Eminent Sea Foods (P) Ltd – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates Appeared:For the Petitioner:M.N. Mathew, Advocate. For The Respondents: P.P. Thajudeen, Sc, K.S.E.B.

Judgment :

Petitioner, a consumer of electrical energy, challenges certain demands made by the Kerala State Electricity Board, the licensee. As noticed even in the interim order dated 112.2007, there is glaring disparity between the calculations made by the petitioner and the Board, which appears to claim an amount of Rs.25 lakhs, while the petitioner demands refund of around Rs.37 lakhs. By that interim order, this Court had called upon the Chief Engineer (Distribution) to look into the calculation statement of the petitioner and file an affidavit. The Chief Engineer (Distribution, Central) accordingly filed an affidavit and also a calculation statement.

2. Learned counsel for the petitioner submits that a comparison of the different documents would show that the pleadings made by the Board are illusory and the affidavit filed by the Chief Engineer does not stand.

3. The matter essentially calls for adjudication on the calculation statement regarding energy charges and other incidentals demanded by the Board vis-à-vis. the claim of the petitioner that the demand by the Board is unsustainable and still further, that going by his calculation, he is entitled to refund. This issue is e


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