PRABHATBHAI S DESAI Vs. AHMEDABAD ELECTRICITY CO LTD

JUDGEMENT

(1.) This Appeal From Order is filed being aggrieved of an order passed below Notice of Motion in Civil Suit No.1521 of 2004 dated 15.06.2004, whereby the learned Judge of the City Civil Court, Ahmedabad was pleased to dismiss the Notice of Motion.

(2.) The learned advocate appearing for the appellant submitted that The Electricity Act, 2003 (hereinafter referred to as "the new Act" for the sake of brevity) is applicable to the facts of the case that under the provisions of section 126 of the new Act, in the event of noticing an irregularity on inspection, the Ahmedabad Electricity Company (hereinafter referred to as "the respondent company") could have assessed the charges for a period of three months only and not for a period of six months; that the assessment could have been only 1.5 times, and not 2.5 times; that the appellant is served with an assessment order for a sum of Rs.54,287/-, and in addition to that the appellant is also directed to deposit a sum of Rs.5400/-, by way of security deposit; that there is no provision under which the appellant could have asked to deposit such security deposit under the new Act; that thus the amount assessed is incorrect on two counts, (i) it is assessed for a period of six months, and (ii) it is at the rate of 2.5 times rather than 1.5 time.

(3.) On contentions being raised, order for issuance of 'notice' was passed on 18.06.2004, but on condition that, 'the appellant shall deposit a sum of Rs.20,000/-'. The appellant deposited that amount and complied with the condition precedent thereafter the notice was issued by the Registry of this Court.