PUNJAB STATE ELECTRICITY BOARD Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Leave granted. We have heard the learned counsel on both sides.

(2.) The appeal by special leave arises from the judgment of the Punjab and Haryana High court made on 9/12/1992 in Rs. A No. 1865 of 1991. The appellant Board had given connection of supply of electrical energy to the respondent on 16/1/1983. Since the meter installed was suspected to have been tampered with it was removed on 6/5/1984. On an application made by the respondent, a new meter was installed on 9/5/1984. On 18/3/1985 Bill No. 44 for Rs. 1,90,498.79 for the period December 1983 to 16/1/1985 was sent to the respondent. Feeling aggrieved, the respondent filed the Civil Suit No. 85 of 1985 on 25/3/1985 for permanent injunction, restraining the Board or its officers from collecting and recovering the amount from the respondent. The Sub-Judge on 16/9/1987 granted the decree. On appeal, it was confirmed and the second appeal has been dismissed. Thus, this appeal by special leave petition.

(3.) On 19-7-1996 when the matter came up for hearing, this court passed an order observing that Section 4, Instruction 115 (l) (b) of the sales manual which is placed on record, indicates the procedure to be followed when themeter was found to be accurate, but the reading was inaccurate. Instruction relating the procedure to be followed for resolving the dispute was not made part of the record and, therefore, time was granted to the appellant to produce the necessary record in that behalf. In furtherance thereof, the record has been placed on record.