CESC LIMITED Vs. PAWAN KUMAR KEDIA

JUDGEMENT

(1.) The respondent was a consumer of electricity under the appellants. On the allegation of pilferage his electricity connection was disconnected without any notice. He was served with a demand by the appellants after a provisional assessment of the loss occurred to the appellants due to such pilferage. The respondent No. 1 approached this Court by filing the above writ petition. By an interim order the electricity was restored upon payment of 50% of the amount so demanded. The writ petition was finally disposed of by the learned Single Judge by judgment and order dated July 10, 2003 by which the writ petition was allowed. The Chief Electrical Inspector, West Bengal was directed to adjudicate the dispute between the parties upon giving appropriate hearing to them.

(2.) Being aggrieved by, and dissatisfied with, the judgment and order of the learned Single Judge the appellants preferred the present appeal.

(3.) Mr. Lalit Kumar Poddar, learned Counsel appearing for the appellants, contended before us that under the conditions of supply the appellants wereempowered to adjudicate the disputes through their own officer and Chief Electrical Inspector was not appropriate authority to whom the dispute was referred by the learned Single Judge. In support of his contention Mr. Poddar relied upon two Apex Court decisions in the case of Madhya Pradesh Electricity Board & Ors. vs. Basanti Bai, reported in All India Reporter, 1988, Supreme Court, Page 71 and Hyderabad Vanaspati Limited vs. APSEB, reported in All India Reporter, 1998, Supreme Court, Page 1715. Mr. Poddar also relied upon a decision by the Division Bench presided over by me in APO No. 351 of 2002 (CESC Limited vs. Mangal Steel Enterprises & Ors. ) dated July 4, 2006. Mr. Poddar also contended that the said judgment and order was taken up to the Apex Court level where special leave petition was dismissed by an order dated October 13, 2006 as the Apex Court did not see any reason to interfere. He also relied on an identical decision of this Bench in APO No. 123 of 2003 (CESC Limited vs. Lohia Mandalia & Ors.) dated September 5, 2006.