1. Rejoinder affidavit filed today, is taken on record.

2. Heard Ms. Usha Kiran, learned counsel for the petitioner and Sri R.P.S. Chauhan, learned counsel for the private-respondent.

3. The present writ petition has been filed by the Pashchimanchal Vidhyut Vitran Nigam Ltd. against the order dated 29.09.2018 passed by the Permanent Lok Adalat, Moradabad, in Complaint Case No.03 of 2018 (Kunwar Petrol Vs. Pashchimanchal Vidhyut). By that award, the Permanent Lok Adalat has set aside the provisional assessment order made by the petitioner against its consumer namely respondent no.2.

4. Admittedly, the petitioner is a public utility service provider and the respondent no.2 is its consumer. Pursuant to certain complaints received by the petitioner, with respect to 4KW power connection availed by the respondent no.2, an inspection was conducted whereupon an allegation of theft of electricity arose against the respondent no.2. It gave rise to a provisional assessment order dated 05.12.2017, in terms of Section 126(1) of the Electricity Act, 2003 (hereinafter referred to as the Act), creating a demand of Rs. 6,36,553/-. The respondent no. 2 filed an objection to the provisional as