KRISHNA TEXTILES Vs. DAKSHIN GUJARAT VIJ CO. LTD

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Articles 14, 19(1)(g) and 226 of the Constitution of India as well as under the Indian Electricity Act, 1910 and Electricity (Supply) Act, 1948 read with the Condition of Supply of Electrical Energy formulated by Gujarat Electricity Board ­ Respondent herein, on the grounds stated in the memo of petition, for the prayers:

(2.) HEARD learned Counsel Ms. Megha Jani for the petitioner and learned counsel Ms. R.V.Acharya for the Respondents.

(3.) THEREFORE , learned Counsel Ms. Megha Jani submitted that what is required to be considered is, "total connected load found at time of detecting the theft of energy." However, she referred to the supplementary bill and submitted that what is submitted is contracted load. She placed on record the calculation showing the consumption according to both the formulas and the difference in the units. She submitted that if the calculation as per GEB is considered on the basis of 20HP (contracted load) it would 17,286 units, whereas the calculation according to the petitioner, if it is considered at 6HP (connected load), it would come to 7878 units. Learned Counsel Ms. Megha Jani submitted that in the appeal, as pointed out, the period or the days have been reduced from 183 to 160 days. Therefore, the main thrust of the argument is with regard to the calculation part adopting the contracted load in respect of the connected load as stated above.