EUREKA FORBES LIMITED Vs. BANGALORE ELECTRICITY SUPPLY COMPANY

JUDGEMENT

(1.) The petitioner has challenged the order dated 22.09.2016 issued by reps No.3 whereby Assessing Officer has held that installation bearing RR No.AKLHT- 184 attracts the penal measure as per Clause 42.05 of the Conditions of Supply of Electricity of distribution licensees in the State of Karnataka ['COS' for short] and hence the consumer/petitioner is liable to pay the back billing charges.

(2.) The petitioner is a Public Limited Company and absolute owner of the premises situated at No.143, C-4, Bommasandra Industrial Area, off Hosur Road, Anekal Taluk, Bengaluru admeasuring approximately 19002 Sq. Mts. ['Composite Premises']. In the year 2007, the petitioner had entered into a lease with M/s. Shell India Markets Private Limited ['lessee' for short] for a portion of Composite Premises of an area approximately 85,920 Sq. Ft of the built up area for the purposes of conducting research and development activities in the laboratory. The petitioner had availed connection of Contract Demand of 1250 KVA from respondent No.1 and has been allotted connection with meter number RR No.AKLHT 184. The petitioner and the lessee have been operating in the Composite premises and have been sharing electricity connection and paying electricity bills as per the Tariff HT 2[a][ii] as made applicable by BESCOM from time to time. It transpires that on 18.03.2015, the Composite Premises of the petitioner was inspected by respondent No.2 along with respondent Nos.3 and 4 and the petitioner was requested to submit certain documents. The petitioner had applied for the separate meter on 06.05.2015 and inspection was carried out by respondent No.4 for allotting the separate meter. However, on 27.05.2015, respondent Nos.2 to 4 visited the premises of the petitioner and disconnected the electricity supply to the petitioner premises by issuing Inspection Report, referring Clause 42.05 of the COS.

(3.) Aggrieved by the said action of respondent Nos.2 to 4, Writ Petition No.22696/2015 was filed by the petitioner before this Court. In the said proceedings, the inspection report was quashed and the respondents were directed to reconnect the power supply. Accordingly, the power connection was restored, after which inspection was carried out by the corporate office of respondent No.1. A show-cause notice was issued by respondent No.3 alleging unauthorized extension of power to neighboring premise and 7 days time was granted to remove unauthorized extension and report compliance before the matter is adjudicated. Pursuant to which, the order impugned has been passed creating liability of Rs.12,55,47,954/- [Rupees Twelve Crores Fifty Five Lakhs Forty Seven Thousand Nine Hundred and Fifty Four Only] as back billing charges. Hence, this writ petition.