C E S C LTD Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The subject-matter of challenge in this writ petition is an order passed by the Appellate Authority on 25th April, 2002.

(2.) The facts of this case briefly stated are that a bill for a sum of Rs. 14 lakhs was issued by the writ petitioner-CESC Ltd., to the Respondent No. 3. The correctness and legality of the bill was disputed by the Respondent No. 3. The same was challenged before this Court in its writ jurisdiction which was registered as W.P. No. 13638 (W)/1999. In the said writ petition an order was passed on 17th August, 1999 directing the Respondent No. 3, in the present writ and the writ petitioner in the aforesaid writ, to deposit a sum of Rs. 5 lakhs and to deposit a further sum of Rs. 1,50,000/- within a fortnight thereafter, without prejudice to the rights and contentions of the parties and the dispute was referred to the Chief Electrical Inspector, West Bengal. The CESC Ltd., was restrained from disconnecting the supply of electricity in the event the aforesaid deposits were made. The order directing payment of a sum of Rs. 1,50,000/-, besides Rs. 5 lakhs, was, however, stayed by the Appeal Court by an order dated 3rd September, 1999.

(3.) The matter was thereafter taken up by the Chief Electrical Inspector, West Bengal. The Chief Electrical Inspector after taking evidence directed cancellation of the disputed bill.