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2018 Supreme(Jhk) 261

D.N.PATEL, AMITAV K.GUPTA
Shree Nanak Ferro Alloys (P) Ltd. – Appellant
Versus
Jharkhand Urja Vikas Nigam Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dhananjay Kr. Pathak, Ms. Sweta Rani, Mr. Shashi Kant Mishra
For the Respondents: Mr. Kumar Sundaram

ORDER :

D.N. Patel, J.

This Letters Patent Appeal has been preferred by the appellant (original petitioner) whose writ petition being W.P.(C) No.599 of 2015 was dismissed by the learned Single Judge vide judgment and order dated 22nd April, 2015 whereby the prayer of this appellant for installation of the prepayment electricity meter and waiver of the security deposit was not accepted by the learned Single Judge and hence, the appellant (original petitioner) has preferred the present Letters Patent Appeal.

2. Having heard the counsel of both the sides and looking to the facts and circumstances of the case, it appears that this appellant is a consumer of the electricity. His average monthly consumption is much higher and hence security deposit has to be given by this appellant as per Section 47 of the Electricity Act, 2003. The appellant is relying upon Section 47(5) of the Electricity Act, 2003 and has insisted for installation of the pre-payment electricity meter and waiver of the security deposit. This contention is not accepted by this Court mainly for the reasons that:-

(a) This appellant has failed to establish that it was the duty of the respondent No.1 to install pre-payment ele







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