YENDURI CHENCHAIAH DIED MANAGING PARTNER BALARAMA KRISHNA RICE MILL MALLESWARAM BANDAR TALUK KRISHNA DIST Vs. SECRETARY A P ELECTRICITY BOARD VIDYUT SOUDHA HYDERABAD

JUDGEMENT

(1.) Condition No. 6.14 of the terms and conditions for supply of electricity made by the Andhra Pradesh State Electricity Board under Section 49 of the Electricity Supply Act of 1948 reads thus: "Where any consumer, having more than one service defaults in payment of dues relating to one of the services and UCM. charges due in respect of any new connection, the Board may cause the other services also to be disconnected till all the arrears due on all services and arrears of UCM. charges in respect of the new connection are paid notwithstanding the fact that the services are separate and are covered by separate agreements and notwithstanding that one or other of the services is under disconnection for non-payment of charges or other reason. The point now is as to what the true meaning and application of this condition is.

(2.) The petitioner was the managing partner of a firm Balarama krishna Rice Mill. On behalf of the firm, he entered into an agreement with the State Electricity Board for supply of energy to the Rice Mill Because of certain legal troubles, the Rice Mill could not function and consequently, the firm fell into arrears to pay the unconnected minimum charges as per the terms of the agreement in a sum of Rs. 23,310/-. The Board instituted a suit for the recovery of the unconnected minimum charges against the firm and its partners. In addition to the filing of the suit, the Board took resort to the power which it thought it had under the above condition No. 6.14 to disconnect the personal electrical supply service, standing in the name of the petitioner. This proposed disconnection of his personal electrical power supply service in the process of recovering the dues payable by Messrs. Balaramakrishna Rice Mill was challenged in the Writ Petition.

(3.) Our learned brother Jeevan Reddy, J. upheld the proposed action of the Electricity Board. In the reasoning of the learned Judge, the petitioner was a partner and he was liable for the debts of the partnership firm Balaramakrishna Rice Mill. The arrears due by the firm constituted debt and the petitioner as a partner was liable for the debts incurred by the partnership. In this connection, he also referred to the circumstance that the Board had filed a suit against the firm and the partners including the petitioner, to recover the amount of arrears. The learned Judge pointed out that if the suit is decreed, the Board can proceed against the petitioner personally for realising the debt. On the basis of this reasoning, the learned Judge upheld the action of the Electricity Board to disconnect the personal electrical supply service to the petitioner.