BOMBAY RUBBER Vs. BSES YAMUNA POWER LIMITED

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for directions to the respondent/BSES YPL to refund to the petitioner, the amount of Rs. 10 lacs deposited with it, in compliance of the orders dated 27.06.2005 passed in W.P.(C) No.10519/2005 alongwith interest @ 18% p.a. from the date of deposit till the date of actual payment. The petitioner has also sought a direction to the respondent to not add as arrears in any future bill, the amount mentioned in the bill with due date 24.06.2005 (Annexure P-8), which stood withdrawn vide order dated 14.09.2005 passed in the aforesaid writ petition. The petitioner has further sought litigation costs etc.

(2.) THE brief relevant facts of the case are that on 19.05.2005, an inspection was carried out by the officers of the respondent at the industrial premises of the petitioner situated at Anand Parbat Industrial Area. During the said inspection, as per the respondent certain irregularities were noticed and a case for illegal abstraction of electrical energy was sought to be made out against the petitioner. Subsequent to the inspection, the petitioner was issued a notice to show cause dated 19.05.2006 and it was called upon to attend a personal hearing on 26.05.2005. The petitioner responded to the show cause notice by submitting a representation dated 26.05.2005. On the same date, the representatives of the petitioner made their submissions before the Assessing Officer of the respondent. After hearing the petitioner, a speaking order dated 06.06.2005 was passed by the respondent, wherein the petitioner was held guilty of dishonest abstraction of energy. Along with the aforesaid order, the respondent raised on the petitioner, the impugned bill of Rs. 43,94,007.00 with the due date of 24.06.2005.

(3.) AFTER passing of the aforesaid order, the respondent granted two hearings to the petitioner - the first one on 09.11.2005 and the second one on 03.04.2006. It is submitted by the learned Senior Advocate for the petitioner that thereafter, no reasoned speaking order was passed by the respondent and it continued to retain the sum of Rs. 10 lacs deposited by the petitioner in compliance of the order dated 27.06.2005 passed in the aforesaid writ petition, thus, compelling the petitioner to approach this Court by way of the present petition, seeking refund of the aforesaid amount along with interest calculated @18% p.a.