ORISSA STATE ELECTRICITY BOARD Vs. ORISSA TILES LIMITED

JUDGEMENT

(1.) Heard the counsel for the appellant. None appears for the respondent though served. Leave granted.

(2.) This appeal by the Orissa State Electricity Board is preferred against the judgment of the Orissa High court allowing partly an appeal preferred by the respondent. The dispute pertains to the liability of the consumer (respondent in this appeal) to pay the minimum charges during the period subsequent to the date of disconnection of supply of energy to him for the non-payment of electricity dues.

(3.) The respondent is an industry. It entered into an agreement with the appellant for supply of electricity on 5/03/1965. The agreement was valid for a period of five years. He started availing of the energy with effect from July 31, 196''. The supply to his industry was disconnected on 30/04/1968 for non-payment of electricity charges. Since the consumer also failed to pay the minimum charges for the period subsequent to the date of disconnection, he Board filed a suit for the amount due on account of the electricity consumed between 1/04/1968 and Apr 30/04/1968 and for the minimum charges for the period May 1, 196 8/03/1970. (It may be remembered that the. agreement between parties was valid up to 5/03/1970. The trial court decreed the suit as prayed for along with interest of 6 per cent per annum on the amount decreed from the date of suit till the date of decree and also future interest at the samerate till full satisfaction. On appeal, the High court sustained the decree of the trial court only for the period up to the date of disconnection (30/04/1968 but disallowed the claim for the period subsequent to the date of a disconnection. The reasoning of the High court is that inasmuch as the supply was disconnected and the respondent-consumer did not avail of any energy whatsoever during the period subsequent to the disconnection, it is not liable to pay the minimum charges.