K.T.V. HEALTH FOODS (P) LIMITEDREP. BY ITS DIRECTOR MR. S. DURAI BABU Vs. THE CHAIRMAN TAMIL NADU ELECTRICITY BOARD, THE SUPERINTENDING ENGINEER CHENNAI EDC/ NORTH AND INDIAN BANK ASSET RECOVERY MANAGEMENT

JUDGEMENT

(1.) W.P. No. 14993 of 2012: -

(2.) THE petitioner is a company known as 'KTV Health Food (P) Limited. There was yet another company known as 'M/s. Pearl Biscuits and Confectioneries Private Limited' which had its factory at Plot No. B -69, SIPCOT Industrial Complex, Gummudipoondi and the said property is a lease hold property. The said company namely M/s. Pearl Biscuits and Confectioneries Private Limited had high tension electricity service connection under HTSC No. 1413. The said company namely, M/s. Pearl Biscuits and Confectioneries Private Limited, was alleged to have committed theft of electricity through the said service connection on 21.11.1994. The said theft was detected and based on the same, an assessment notice demanding a sum of Rs. 58,21,000/ - was issued to M/s. Pearl Biscuits and Confectioneries Private Limited. But, the said company did not pay the amount. The respondents 1 and 2 also could not recover the said amount from the said company. In the mean while, M/s. Pearl Biscuits and Confectioneries Private Limited, had raised loan from the third respondent Indian Bank Limited. The said company did not repay the said loan amount. Therefore, action was taken by the third respondent bringing the property in Plot No. B -69, SIPCOT Industrial Complex, Gummudipoondi for auction through the Debts Recovery Tribunal, Chennai.

(3.) IT needs to be mentioned that for non payment of the above assessed amount of Rs. 58,21,000/ - by M/s. Pearl Biscuits and Confectioneries Private Limited, the service connection under HTSC No. 1413 was disconnected long before the auction. After the petitioner company became the lessee of the premises, it applied for high tension electricity supply. Having considered the said request, the Tamil Nadu Electricity Board gave high tension service connection under HTAC No. 1931 with a demand of 450 KVA. The petitioner was peacefully enjoying the same. While so, the petitioner made an application on 18.11.2011 requesting the Tamil Nadu Electricity Board to grant an additional demand of 250 KVA over and above the existing demand of 450 KVA under the HTAC No. 1931. Having considered the said application in Lr.No.SE/CEDC/N/AEE/DEV/AE/D2/F HT 1931/D/88/12 dated 18.02.2012, made a demand of Rs. 1,52,51,020/ - from the petitioner representing the amount due from the M/s. Pearl Biscuits and Confectioneries Private Limited, on account of the above demand made in respect of theft of electricity supply. As per the said proceeding, a sum of Rs. 58,21,000/ - was the assessed amount and Rs. 94,30,020/ - was towards belated payment surcharge. Thus, the total demand from the petitioner was for Rs. 1,52,51,020/ -. Challenging the said proceeding, the petitioner is before this Court with W.P. No. 14993 of 2012.