LAXMI ICE FACTORY Vs. M.P.E.B.

JUDGEMENT

(1.) THIS plaintiff M/s Laxmi Ice Factory filed a suit against the respondents inter alia pleading that two electric meters are installed in his factory premises which bear numbers as 1729 and 214. On 17.8.1982, meter No. 1729 was changed. On 5.5.83, the said meter was examined by the Divisional Vigilance Officer, MPEB and relying upon his report, a supplementary bill for Rs. 7346.86 was issued. Thereafter, another supplementary bill for Rs. 122.88 was also issued in relation to meter No. 714. According to the plaintiff, the defendants were not entitled to issue the supplementary bills, on their own showing that the meter was not recording correct consumption. He submitted that he had paid the bills which were issued to him and the defendants have no right to make recovery. The defendants in their written statement contended that the defendants acted in accordance with law. On inspection it was found that the meter was not recording consumption from three phases but was only recording consumption from one phase. According to them, the suit of the plaintiff was barred under the provisions of M. P. Electrical Under -takings (Dues Recovery) Act, 1961, as the plaintiff has not deposited the amount under protest and has not filed the suit within six months.

(2.) AFTER recording evidence and hearing the parties the learned trial Court found that the recovery under the bill was illegal but further held that the suit of the plaintiff is barred under the provisions of section 5 of the above referred Act. The first appellate Court also confirmed the said findings but held that the suit was barred under the provisions of section 5 (1) of the Act as the plaintiff has not deposited the amount within three months under protest nor has filed the suit within six months. Being dissatisfied by the judgment and decree passed by the two courts below, the plaintiff has preferred this appeal, which is admitted for hearing on the following substantial question of law.

(3.) SECTION 5 of the Dues Recovery Act reads as under.