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1998 Supreme(Raj) 239

MOHD.YAMIN
R. S. E. B. – Appellant
Versus
DEEPAK OILS – Respondent


Advocates Appeared:
D.S.Shishodia, DINESH MAHESHVARI, JAI KISHAN, MANISH SHISHODIA

Judgment


MOHD. YAMIN, J.

( 1 ) THIS appeal on behalf of the Rajasthan State Electriciry Board has been preferred against the judgment and decree of the learned Addl. District Judge, Bhilwara. M/s. Deepak Oil Mills plaintiff-respondent filed a suit for declaration with following averments. Plaintiffs Firm was a registered partnership firm having Rang Lal and Mahesh Kumar as partners. It was carrying on the business of oil production and its sale. The Firm had taken electric connection from the Rajasthan State Electricity Board having account No. 3-6-21. The oil mill which was being run by the plaintiff-respondent was seasonal and used to work from November to May every year. The Firm had an electric meter of 60 horse power. The Electricity Board sent a supplementary bill No. 443709 on 23-3-79 by registered post which mentioned the average consumption. It amounted to Rs. 21. 158. 40/- and was payable till 11-4-79. It was also mentioned in the letter enclosed with the bill that the body seal and the terminal seal of the meter were found broken and the average consumption of three months was taken into consideration. As such the plaintiff-respondent was asked to deposit Rs. 21. 158. 40/







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