SUPER AUTO CENTRE Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) THIS is a suit for declaration and permanent injunction. The plaintiff is the registered consumer of the defendant in respect of electricity supplied through K.No.009/0888987, installed at its petrol pump at Ring Road, Sriniwas Puri, New Delhi.

(2.) IT is alleged that on 11.4.2003, some officials of the defendant came to the premises of the plaintiff and took down notes about the machines and equipments installed there. A show-cause notice was thereafter served on the plaintiff wherein it was alleged that load of 89.101 KW was found connected as against sanctioned load of 51.35KW. IT was also alleged in the notice that shunt capacitor was not installed and both half seals were not installed in respect of meter No.4H9701519. The plaintiff replied to the show- cause notice. This was followed by yet another notice bearing No.AE(ENF)/S/2002-2003/2098/297 dated 31.5.2003. A writ petition being CW No.4147/2003 was filed by the plaintiff. A re-inspection was also carried out on 30.12.2003 and at that time the connected load was found to be 48.59 KW. Vide order dated 13.8.2003, passed in the writ petition, this Court directed the defendant to give a personal hearing to the petitioner on 27.8.2003. After giving a fresh hearing to the petitioner, a speaking order was passed on 10.09.2003, rejecting the objections of the petitioner and holding that he was duty bound to pay the full bills raised under relevant tariff provisions, besides LPF. Noticing that a speaking order had been passed after giving hearing to the petitioner, this Court permitted the petitioner to withdraw the writ petition with liberty to file appropriate proceedings against the order dated 5.9.2003 in accordance with law. The plaintiff has now filed this suit challenging the speaking order dated 10.9.2003 and has sought a declaration that the aforesaid order is null and void. He has also sought an injunction restraining the defendant from disconnecting the electricity being provided to it.

(3.) VIDE order dated 20th October, 2009, Issue Nos. 1 to 3 were treated as preliminary issues. Issue No. 1