S Nantha Balan JC:

Introduction

[1] Tenaga Nasional Berhad ("TNB") is the defendant in this action. They are the sole provider of electricity in Peninsular Malaysia. I shall hereafter refer to the defendant as TNB. TNB is a licensee under the Electricity Supply Act 1990 ("the Act") and they have vast powers under the Act to take action in the event of offences committed under the Act. The Act criminalises theft or pilferage of electricity and any form of interference with TNB's installations or meters and these are provided for under s 37(1), (3) and (14) of the Act.

[2] Under the Act, upon inspection and discovery of such nefarious acts or offences under the Act, TNB has power to disconnect the supply of electricity to the consumer's premises upon giving the requisite statutory notice.

[3] This case concerns the scope and limitations of TNB's statutory power under the Act in circumstances where there