(A) Indian Electricity Act (9 of 1910), Section 24 — Limitation Act (36 of 1963)— Electricity Board— Power of disconnection— Law of limitation does not have the effect of destroying right secured under the Electricity Act — Right to recover arrears due to Electricity Board cannot be lost by any period of limitation— Provisions contained in Section 24 is a special provision to safeguard interest of Electricity Board— Finding of the lower Courts that the demand made by the Electricity Board is barred by limitation and therefore the Board has no right to disconnect, is unsustainable— Power to disconnect the electricity supply is independent of the power of the Board to file a suit for recovery of the dues.

Held : By catena of decisions, it is well settled that the power of disconnection is available under Section 24 of the Act and the same is not lost by any period of limitation stipulated in the Limitation Act, 1963. The findings of Courts below that the claim under Exhibit A-18-Demand Notice is barred by limitation and therefore, for recovery of the dues under Exhibit A-18, the Board has no right to disconnect is unsustainable. [Para 15]

The power to disconnect the electricity supply

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