CONTINENTAL DEVICE INDIA LTD Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) THIS application has been filed under Sections 30 and 33 of the Arbitration Act, 1940 challenging the Award dated 16.3.1998 passed by the sole Arbitrator Justice J.D.Jain (retd.). A copy of the Award was not on record and I have with the consent of the parties taken a copy of the same from the counsel for the objector.

(2.) THE disputes between the parties pertained to the claims of the objector for load violation charges, misuse charges and low power factor levied on the basis of an inspection conducted on 7.9.1989 in the premises of the petitioner, which is the registered consumer of the electricity connection.

(3.) THE first issue pertains to the claim for misuse charges. The Objector alleged misuse of the electricity connection on account of the fact that the electricity connection which was sanctioned in the name of the petitioner was being used by one M/s Delta Electronics (P) Ltd. As per the contention of the objector this amounted to misuse and therefore misuse charges were payable.