KATHURIA AND SONS Vs. M C D DESU

JUDGEMENT

(1.) . As identical questions are arising for consideration, by this common judgment and order, I propose to dispose of two petitions under Section 20 of the Arbitration Act filed by the petitioner.

(2.) . Before entering into the arena of contentions raised by the rival counsel for the parties and deciding the disputes arising for my consideration, it would be necessary to put on record the background facts leading to the filing of the present suits.

(3.) . The petitioner wanted to set up an industry and for the purpose applied for large industrial power connection. The respondent sanctioned a load of 1627 KVA for industrial purpose and thereupon the parties entered into an agreement for supply of electricity as provided for under the Indian Electricity Act. It is necessary to mention at this stage that for the purpose of charging for supply of electricity, the consumers have been divided in different categories like domestic, agriculture, small industrial power and large industrial power. Those consumers who use industrial load of more than 100 KW are charged at what is known as the Large Industrial Power (LIP) tariff. Large industrial power tariff consumers are billed on what is known as two-part tariff system. The first part contains minimum demand charges to be paid by the consumers and the second part contains energy charges, i.e., consumption in units recorded by the metering equipment installed in the factory.