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2023 Supreme(Ker) 570

SHAJI P. CHALY
Union Bank of India – Appellant
Versus
Deputy Chief Engineer, Kerala State Electricity Board – Respondent


Advocates Appeared:
For the Petitioner: A.S.P. Kurup & Sadchith P. Kurup.
For the Respondents: Jaice Jacob, Liju. M.P. & B. Premod.

JUDGMENT :

This writ petition is filed by the Union Bank of India challenging Exhibit P3 bill dated 02.12.2013 issued by the Anti Power Theft Squad (APTS) and Exhibit P7 order dated 27.05.2014 passed by the appellate authority under Section 127 of the Electricity Act, 2003 ('Act, 2003' for short) r/w the Kerala State Electricity Board (Terms and Conditions of Supply), 2005 ('Supply Code, 2005' for short) as amended from time to time, whereby the appellate authority affirmed the bill issued by the Anti Power Theft Squad.

2. Brief material facts for the disposal of the writ petition are as follows :

    The petitioner is a banking company constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970. The petitioner Bank, for the purpose of providing ATM facility for its customers, took on rent a building bearing No.VII/491F of Vadanappally Grama Panchayat having an area of 688 sq. meters by executing a lease agreement on 01.01.2007, as is evident from Exhibit P1. According to the petitioner, after taking the building on rent, the machinery was installed and the premises became functional from 2007 onwards. The electricity connection to the premises was a single

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