SHRINATHJI CORPORATION Vs. G E B

JUDGEMENT

(1.) Heard learned advocate Ms. Sudha Gangwar for the petitioner and learned advocate Ms. Maya Desai for respondent-electricity company.

(2.) Challenge in this petition is directed against order dated 29th March, 2005 passed by the Appellate Committee in Appeal No. B-11/2005. It is also prayed to set aside the supplementary bill given by the erstwhile Gujarat Electricity Board, now converted into electricity company, for Rs. 05,98,388.74 Ps.

(3.) The petitioner was consumer of respondent for electricity. It had a three phase industrial electricity connection with contracted load of 50 HP. The petitioner M/s. Shrinathji Corporation was having a factory at Keshod, District Junagadh, at which the said connection was obtained. On 31st October, 2003 checking squad of the respondent Board visited the installation of the petitioner to inspect the same. It was observed that MMB Seal of the electric meter was missing at that time. Therefore, officers of the checking party replaced the meter on 21st February, 2004. New MMB Seal was fixed but padlock was available. The connected load of 43 HP. The old meter which was taken out, was sent for inspection to the laboratory. The laboratory inspection was carried out on 03rd July, 2004 and a report was submitted. 3. 1 The respondent took a view that it was a theft case, therefore statutory bill for the aforesaid amount was given to the petitioner-consumer. Out of the amount of statutory bill of Rs. 05,98,388.74 Ps, petitioner appears to have deposited 20% amount, that is Rs. 01,03,750/-, whereupon connection of the petitioner was restored. The petitioner preferred appeal before the Appellate Committee which culminated into the impugned order. 3. 2 While issuing notice on 19th April, 2005, the Court passed following order.