U P STATE ELECTRICITY BOARD Vs. VIJAI PICTURES

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29th September, 1972 of the learned Civil and Sessions Judge, Gorakhpur, dismissing the objection, of the appellant under Section 30 of the Arbitration Act for setting aside the award and. further making the award a rule of the Court.

(2.) SHORN of details, the facts are that under a written agreement dated 20-11-1955 the objector was supplying electric energy to the respondent (consumer). According to the U. P. State Electricity Board (objector) (hereinafter referred to as the Board) the consumer besides having domestic power meter was also consuming electric energy for light and fan though he did not keep a separate meter for the latter purpose. It is alleged that the respondent wrongfully utilised the domestic power meter fox purposes of light and fan during the period 15-11-1962 to 17-9-1965 for which the rate was higher and on that account the respondent was liable to pay a sum of Rs. 24,692.48 p. The agreement contained an arbitration clause to refer the dispute to the Electrical Inspector to the Government of Uttar Pradesh, Lucknow. The respondent denied the allegation that he had consumed domestic power for the purposes of light and fan and further stated that the mode of assessment adopted by the Board was completely wrong. The Arbitrator made the award on 25th January, 1971. The crucial part of the award was contained in the following recital in Paragraph. 1 thereof :--

(3.) THE above rule was quoted with approval in Jivarajbhai v. Chintamanrao, AIR 1965 SC 214 and Shah, J. observed at page 230 :--