RANUTRAL PRIVATE LIMITED Vs. DELHI ELECTRIC SUPPLY UNDERTAKING

JUDGEMENT

(1.) THIS is a petition under Section 20 of the Arbitration Act, 1940 seeking a direction to the respondent to file the original agreement containing arbitration clause and for reference of the disputes alleged to have arisen between the parties. It is stated that the petitioner company is registered consumer on large industrial power tariff basis of the respondent. It has a sanctioned loan of 248 H.P. under H.T. connection. For securing this load the petitioner entered into an agreement with respondent No. 1 wherein all the terms and conditions have been incorporated. It is alleged that the petitioner has been making regular payments of the electricity bills received by it. It is also alleged that the petitioner are not misusing the electricity. It is further stated that respondent No. 1 despite protest by the petitioner started sending bills at the rate of Re. I.00 per unit instead of tariff rate of 85 paise per unit on the ground that the electricity is being misused by the petitioner. The case of the petitioner is that the petitioner company has never misused the electricity. It is alleged that disputes have arisen between the parties which are covered by the arbitration clause, which reads as under :-

(2.) THE case of the petitioner is that they have paid excess amount what-ever is due to the respondent.