GANGETIC COMMERCIAL INDIA Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE writ petition has been filed challenging the order of the third respondent dated - July 1997.

(2.) THE case of the petitioner is that the petitioner is a proprietary firm owned by Maya Devi Gupta. Originally, it was a partnership firm of the year 1977 and the two partners were Pradeep Gupta and Maya Devi Gupta. In 1983, the business was closed and E. B. connection disconnected. In 1992, the machineries were sold and on 22. 3. 1993, the partnership was dissolved. The industrial shed was leased out to M/s. Adarsh Alloys and Castings (Madras)Pvt. Ltd. , Chennai, by a deed of lease dated 12. 2. 1993. The petitioner's industrial shed was allotted Service Connection No. 35-02-843. The electricity consumption dues payable by the industrial unit were being paid regularly and there was no arrears. It is the case of the petitioner that there was another company, by name M/s. Gangetic Steel Rolling Mills Pvt. Ltd. , Arapakkam village, North Arcot District and the said Pradeep Gupta was one of the directors of the Company. In respect of the said private limited company, certain amounts were due and payable towards electricity charges. The third respondent suddenly included the amounts--Rs. 73,811/- and Rs. 42,810/-, totalling to Rs. 1,16,621/- in the Bill payable for the month of February 1997. Thereafter, the petitioner made a representation stating that the petitioner is not liable for the said amounts and based on the representation, the same was cancelled on 1. 3. 1997. Subsequently, in the month of July 1997, a sum of rs. 1,16,247/- was once again added to the Bill. This was followed by the impugned order passed by the third respondent which is to the following effect:

(3.) THE writ petition was admitted on 2. 9. 1997 and the order impugned was stayed by this Court. Subsequently, vacate stay petition was filed and on 17. 3. 1999, this Court made the interim order of stay absolute with condition.