LAWS(GJH)-2021-6-355

CHIEF ENGINEER UTTAR GUJARAT VIJ CO LTD DEPUTY ENGINEER & EXECUTIVE ENGINEER (O&M) Vs. GUJARAT MICROWAX LTD

Decided On June 08, 2021
Chief Engineer Uttar Gujarat Vij Co Ltd Deputy Engineer And Executive Engineer (OAndM) Appellant
V/S
Gujarat Microwax Ltd Respondents

JUDGEMENT

(1.) Being aggrieved with the judgment and order dated 31st January, 2013 passed by the learned Single Judge in Special Civil Application No. 6164 of 2004 partly allowing the petition and directing the petitioners to charge the bill as per approved formula from 14th August, 1998 till 21st August, 1998 and to recalculate the amount and refund the amount, if the amount is deposited or recovered or in alternate, to give adjustment in the subsequent bills of the Respondent within a period of two months from passing of the order, the Appellants-original respondents (UGVC Ltd.) have preferred this Letters Patent Appeal under Clause 15 of The Letters Patent.

(2.) The facts leading to the present Letters Patent Appeal, in nutshell are as under :-

(3.) 1 She has further submitted that it was clearly found on inspection by the checking squad that on 21st August, 1998, Petitioner was found reselling electricity by laying underground cables. She has further submitted that there was nothing on record that SPPL was having any urgency of temporary electric connection. She has further submitted that it is not the case of theft of the electricity but it was case of malpractice committed by the petitioner. The entire formula of calculating bill for re-sale of electricity and theft of electricity is different on condition of supply of electricity.