EXECUTIVE ENGINEER Vs. PARAS SHIP BREAKERS LTD

JUDGEMENT

(1.) RULE . Learned advocate Mr. V.K. Shah waives service of Rule on behalf of respondent No.1 and learned AGP Mr. Rohan Yagnik waives service of Rule on behalf of the respondent No.2.

(2.) THE petitioner Executive Engineer (O and M), Paschim Gujarat Vij Company Ltd., who has filed all these petitions and it appears from the prayers sought in these petitions that the issues involved in these matters are identical and the matters are interconnected between the very parties. Therefore, the matters are heard together and are being disposed of by this common order.

(3.) THIS amounts to unauthorised use of electricity under Section 126 of the The Electricity Act, 2003. This act of the respondent consumer appears to be with a view to avoid payment of dues on the premises which are acquired by it since if the respondent would apply for regular connection at the two plots where it was found to be used electricity, it would have to clear the outstanding dues on the said premises. Therefore, the respondent consumer who is owner of plot Nos. 5, 2/A and 4 has indulged in use of electricity unauthorisedly/resale of electricity by unauthorisedly supplying electricity from plot No.5 to plot Nos.2/1 and plot No.4 with the help of underground cable which is not authorised. It seems from the record that at the relevant time in the case of M/s. Khodiyar Rolling Mills, the outstanding amount is to the tune of Rs.79.30 Lacs approximately, whereas in the case of M/s. Paras Ship Breakers, the outstanding amount is to the tune of Rs.22.92 Lac approximately. If the respondent No.1 has to use the entire load which was found into other premises viz. M/s. Khodiyar Rolling Mills and M/s. Paras Ship Breakers, the total load would be more than its contracted load. Therefore, it has to ask for additional load. Therefore, its billing will be on higher tariff. Therefore, with a dishonest intention, the respondent No.1 consumer has connected its connection with two other premises i.e. M/s. Khodiyar Rolling Mills and M/s. Paras Ship Breakers.