(1.) Rule. Mr.A.D.Oza, learned Advocate appears and waives service on behalf of respondent-GEB. As the pleadings are complete, by consent of both the sides the matter has been heard and is being disposed of finally.
(2.) The petitioner, a Company, duly registered under the provisions of the Companies Act,1956, is engaged in the business of manufacturing 100% cotton towels, within the territorial jurisdiction of Sanand Sub-Division of the Gujarat Electricity Board (for short 'the Board'). The Board supplies electricity to the petitioner exclusively by way of a separate feeder having separate meters at both the ends viz. Sub-station from which the power is supplied and the point at which the power is received i.e.at the petitioner's installation. The petitioner is a high tension consumer of the Board having HT.Consumer No.17263. The petitioner's contracted demand is 2400 KVA. The petitioner is provided with special electric meter known as Static meter or Trivecto meter which has inbuilt anti-tampering device.
(3.) On 18.1.2002 a supplementary bill for a sum of Rs.5,68,43,311.20 was issued stating that the same was against installation checking dated 24.12.2001 and Lab inspection which was jointly carried out on 17.1.2002. On the same date the electric supply was disconnected. Upon the petitioner depositing a sum of Rs. 30 lacs the electricity was restored on 28.2.2002. The petitioner preferred an appeal before the Appellate Committee under Condition no.34 of the Conditions and Miscellaneous Charges For Supply of Electrical Energy (Conditions) raising several contentions to the effect that there was no evidence to infer the theft alleged against the petitioner. The Appellate Committee on 16.04.2002 (Annexure "A") dismissed the appeal of the petitioner in principle but granted some relief as regards the assessment and computation. The Board thereupon issued a revised supplementary bill dated 8.5.2002 for a sum of Rs.3,35,34,291.20. In the aforesaid circumstances the following reliefs have been prayed :