PIYUSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Rohit Agarwal for the petitioner. Sri Pankaj Kumar Shukla appears for the U.P. Power Corporation Ltd through Executive Engineer, Distribution Division, Bijnor.

(2.) The petitioner was a Director of the U.P. Lime Chem. Ltd - a public limited Company registered under the Companies Act 1956, with its registered office situated at Haridwar Road, Bijnor.

(3.) The Company entered into an agreement with the Executive Engineer, Electricity Distribution Division-I Bijnor on 22.2.1990, for supply of 335 KVA electricity load. The agreement was signed by the petitioner as a director of Company. Clause 13 of the agreement provided that any notice by the supplier to the consumer shall be deemed to be duly given and served, if it is addressed to the consumer and delivered by hand at, or sent by registered post to the address specified in the consumer's application or as subsequently notified to the supplier. Clause 14 provides that consumer shall pay in advance an estimated amount to be intimated by the supplier to the cost of providing and installing the line, connecting mains and apparatus excluding transformer and O.C.B payable by the supplier but such line, mains and apparatus shall remain the property of the supplier, even though the cost thereof has been paid by the consumer. The agreement does not define the consumer or imposes any personal liability on the director of the company.