MOHAN TEXTILES Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE plaintiff-Textile Unit has filed the suit for the relief of declaration and for continuous permanent injunction.

(2.) THE averments in the plaint are the plaintiff textile unit was sanctioned with Service Connection Nos. 515, 516 and 517 by the defendant-Electricity Board and separate Cards have been issued. For the service connection No. 516, the sanctioned load was 94 H. P + 9 K. W as on 14. 7. 1986. THE third defendant on 19. 11. 1986 inspected the Mill in the presence of the Sales Manager of the plaintiff Mill. Being the Sales Manager, he did not know the correct Horse Power of the machineries and gave wrong information. Hence, the plaintiff sent a letter on 12. 12. 1986 about the H. P. of the machineries. Later, on 19. 12. 1986 the second defendant issued a notice mentioning that 9. 8 H. P of load had been used unauthorisedly at the time of inspection and also requesting to remove the said excess load. For which the plaintiff sent a letter on 24. 12. 1986. Thus when there is a dispute with regard to load, as per Schedule 6 (3) of the Indian Electricity Act, only the Inspector has to determine the issue. No opportunity was given besides there was no enquiry. THEre was no details as to the method of calculation. Thus the provisional assessment issued without following the relevant Act and Rules is not valid in the eye of law.

(3.) LEARNED counsel for the appellant firstly contended that the Electricity Board proceeded on the basis that the appellant had unauthorisedly used an additional load of 9. 8 HP than the sanctioned load of 94 hp + 9 KW which is incorrect factually. According to the learned counsel 1 HP is equivalent to 0. 746 KW i. e. , 1. 34 HP is equivalent to 1 KW. If that is so, 9 kw works out to 12. 06 HP. On that basis, if the sanctioned load of 94 HP + 9 KW is calculated in HP, it comes to 106. 06 HP and the connected load of 103. 8 HP is lesser than the sanctioned load and hence there is no malpractice or violation of the terms and conditions of Supply.