RAJENDRA R SHETH DEPUTY ENGINEER Vs. MATARIYA TEXTILES

JUDGEMENT

(1.) In this appeal, the appellant - Dakshin Gujarat Vij Company Limited through its Deputy Engineer (O and M), Udhna Sub -division No.2 seeks to challenge the judgment and order dated 1.9.2008 passed by the learned Single Judge in Special Civil Application No.4664 of 2008 and two other allied writ petitions, whereby, the learned Single Judge rejected the petitions confirming the order passed by respondent No.2 herein - Assistant Electrical Inspector and Appellate Authority under the Electricity Act, 2003.

(2.) Facts relevant for the purpose of deciding this appeal can be summarized as under :

(3.) We have heard learned Advocate Ms. Lilu K. Bhaya for the appellant and learned Advocate Ms. Gayatri B. Jadeja for respondent No.1. Learned Advocate for the appellant submitted that learned Single Judge has committed gross error in coming to conclusion that lighting connection which was being used in the industrial connection by respondent No.1 was of bona fide mistake. Learned Advocate for the appellant would further contend that there was no material before the learned Single Judge for coming to conclusion that it was a bona fide mistake on the part of respondent No.1 Consumer. Learned Advocate would further contend that Electricity Supply Code framed by Gujarat Electricity Regulatory Commission in exercise of powers conferred under Section 50 of the Act, 2003, provides vide Clause 7.2.6 that the Units are required to be calculated at 1.5 times.