GUJARAT ELECTRICITY BOARD Vs. BRIGHT ENGINEERING

JUDGEMENT

(1.) THE petitioner, a statutory Board, has preferred this petition with the following prayers:

(2.) THE petitioner -Board, after checking the working of the meter installed at the premises of respondent No.1 consumer, sent a revised bill on 03.02.1995. Respondent No.1 approached the Chief Engineer of the petitioner -Board, who reduced the bill upto a period of only three years vide order dated 30.11.1995, against which respondent No.1 preferred statutory appeal. After accepting that there was defect in the running of the meter concerned respondent No.2, the Electrical Inspector, restricted the revised billing period upto a period of six months. Being aggrieved the petitioner preferred appeal under Section 36 of the Indian Electricity Act, 1910. The Appellate Authority vide order dated 20.10.1999 dismissed the appeal primarily on the ground that the appeal was barred by limitation. Against the said order the present petition has been preferred.

(3.) HEARD the learned advocate for the petitioner Shri R.C. Jani, appearing for the petitioner. It was submitted that once the authority had come to the conclusion that the meter was defective and the running was found to be slow there was no question of restricting the supplemental bill to the period of last six months and that to the said extent respondent No.2 authority having erred, the appeal preferred by the petitioner could not have been rejected.