GANESH OIL INDUSTRY Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the impugned judgment and order dated 17.11.2003 passed by the respondent No. 3 i.e. the Appellate Committee, in Appeal No. A-84 of 2003. The petitioner has also prayed for the direction to the respondent No. 1 - the Electrical Inspector to decide the dispute raised by the petitioner as per Section 26(6) of the Indian Electricity Act, 1910.

(2.) This Court had passed the order on 22.12.2003, issuing the Notice on the respondents and by way of an ad interim order, the respondent - Electricity Board was restrained from disconnecting the electricity supply of the petitioner on condition that the petitioner shall deposit 20% additional amount of the revised supplementary bill, which the petitioner might have received from the respondent Electricity Board. The petitioner has paid the said amount of Rs. 2,04,560/- on 30.12.2003. The petition was admitted on 25.10.2004 and the petitioner was directed to pay the outstanding dues of the respondent Electricity Board in respect of the supplementary bill and the delay payment charges, if any, in six equal monthly installments, starting from 16th November, 2004. The petitioner was also directed not to transfer the unit and/or the property without the permission of the Board. The petitioner was directed to pay the monthly consumption bills regularly and also directed to to file an undertaking in these proceedings to the above extent within a period of 15 from the date of the order.

(3.) Mr. Zubin F. Bharda, learned Advocate, appearing for the petitioner, submits that all the conditions have been complied with by the petitioner and there is no dispute about the same.