SANJAY ISPAT PVT LTD Vs. CHAIRMAN

JUDGEMENT

(1.) HEARD Mr. Mihir Joshi with Mr. B. T. Rao for the appellants and Ms. Lilu Bhaya, learned advocate for the respondents.

(2.) THIS appeal is directed against the judgment and order dated 29th December, 2008 of the learned Single Judge rejecting Special Civil Application No. 12742 of 2008 in which the petitioners had challenged the supplementary bill issued by the respondents for theft and had also prayed for a direction to the respondents to prepare the bill after considering the M. R. I. data and keeping in mind the GERC Notification dated 14th December, 2005. The appellants had also prayed for a relief to direct the respondents to refer the matter to the Chief Commissioner of Electricity, Gujarat State for his independent opinion with regard to recording of consumption of electricity in the meter if a small pin is found in the cable which connects the C. T. P. T. to the meter. In view of the order we propose to pass, it is not necessary to set out all the facts in detail.

(3.) THE appellants are running the industrial unit in Veraval Industrial Area for manufacturing of 6 mm M. S. Bars. The appellants' rolling mills had electric connection of 400 KVA. According to the appellants, since the meter was showing excessive reading on 28th June, 2008, 02nd August, 2008 and 03rd August, 2008, the appellants had preferred a complaint in writing before the respondents. Similarly, excessive recording of units took place on 09th, 10th and 11th August, 2008. On 12th August, 2008, the officers of Electricity Company visited the premises of the appellants and tested the meter and the entire installation including the cables etc. The old meter was replaced on 12th August, 2008. However, after replacing the meter also, the recording of units remained on the higher side. On 18th August, 2008, the respondents sent the meter to the laboratory and the meter was found to be O. K. including the seals. However, the officers of the respondents alleged that by cutting the wire shown, one pin was found in the armor wire connecting the C. T. P. T. unit to the meter. The respondents prepared supplementary bill on the basis that the appellants had committed theft of electricity and on 09th September, 2008, the respondents disconnected electricity supply to the appellants' unit and issued bill dated 10th September, 2008 for an amount of Rs. 1,12,47,099. 52 ps. The appellants challenged the above supplementary bill by contending that the appellants had not committed any theft of electricity and that even otherwise, the supplementary bill was not in accordance with the relevant and applicable regulations and the Gujarat State Electricity Regulatory Commission's Notification dated 31st March, 2005, as amended by Notification dated 14th December, 2005. The appellants contended that the relevant factors required to be considered by the respondents for preparing such supplementary bill were not taken into consideration and the respondents had, thus, exercised their powers contrary to the provisions of the Act, the regulations made thereunder and had not prepared the supplementary bill on the basis of availability of M. R. I. data.