AUCKLAND INTERNATIONAL LTD Vs. CESC LTD

JUDGEMENT

(1.) The Court : The present writ petition has been filed praying for a writ of mandamus commanding the respondents to resume the supply of electrical. energy to Ambika Jute Mills at Belur, Howrah, on the ground that there was no reason for disconnection of the supply of electricity. It is stated in detail that the Ambika Jute Mills originally belonged to Sri Ambika Jute Mills Co. Ltd. and it has been lying closed since 27th August, 1984. The said company was directed to be wound up and after diverse proceedings the petitioner company purchased the entire movable and immovable assets and thereafter it had started functioning by employing 3,000 employees and by investing a huge amount towards repair and restoration. It is stated further that the CESC people had inspected the factory premises and noticed that a purported endorsement has been made on the meter reading book by incorporating as follows :-

(2.) The petitioner had immediately drawn the attention of the CESC authorities. However, the supply was disconnected and being aggrieved the petitioner has come to this Court. The CESC authorities appeared and filed an Affidavit-in-opposition. It is disclosed, inter alia, that the metering instruments by which the consumption of electricity is measured are set in a panel. This panel is called the metering instrument panel and is housed in a cabinet which has a door. This door is normally kept closed and sealed with a seal the metal lead and also with a paper seal. It is not necessary to open this door to read the metering instruments. It is necessary to keep this door sealed, as by opening it, access can be had to the rear of the metering panel. Such access makes it possible to tamper with the meter connections so that meters cease to register or register a lower consumption than actual, although the supply of electricity continues to the consumer. It is further to allow the meters to register correctly or incorrectly as stated will. It is not necessary to touch the meter body seals to achieve this purpose. It is placed on record further that on 26th June, 1991 the meter reader of the respondent No.1 went to the premises of the petitioner and noticed that both the lead seal and the paper seal on the metering instrument door were broken. Accordingly he recorded this fact in a book kept on the premises.

(3.) Upon investigation it was found by the respondent No.1 that the consumption pattern of the petitioner No.1 had registered a sharp decrease from April, 1991 account. The respondent No.1, therefore, had sufficient reason to believe that pilferage of electricity was taken place from April 1991 account. A schedule showed the difference in metered and estimated actual consumption and the consequent loss to the respondent No.1.