VIOM NETWORKS LTD. REP BY ITS AUTHORISED SIGNATORY MR. M.S. GAUTHAM Vs. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REP BY ITS MANAGING DIRECTOR AND THE ASST. EXECUTIVE ENGINEER (ELE)

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved by the demand notices dated 15.03.2013 and 18.04.2013 vide Annexures -A and C issued by the 2nd respondent -Assistant Executive Engineer (Elec), City Sub -Division -1, Kothi Thopu, BESCOM, Tumkur. By the said notices, petitioner is called upon to pay a sum of Rs. 2,78,633/ - towards back billing and short claim charges. The charges are sought to be levied on the petitioner on the ground that when inspected the meter installed to the premises (telecom tower) of the petitioner, was found running slow by 45.52% compared to its normal monthly consumption.

(2.) PETITIONER has urged several grounds in support of the relief sought including the assertion made stating that he is unable to file an appeal because the final order assessing back billing and short claim charges has not been passed/served on the petitioner and only demand notices are served.

(3.) COUNSEL for the petitioner submits that the petitioner -company is without any power supply for the last four months and is incurring recurring loss. He submits that without prejudice to the rights and contentions of the petitioner, petitioner will deposit 50% of the amount assessed and demanded within a week from today, if the respondents are directed to restore the electricity supply to the petitioner's premises/telecom tower. He further points out that the petitioner will avail the opportunity of preferring a statutory appeal within 15 days from today, provided such a direction is issued by this Court.