HE MAN DUCTILE IRONS LTD Vs. CESC LTD

JUDGEMENT

(1.) AGGRIEVED against the judgment of the learned single Judge dated 23-12-2008 the petitioners have filed the present letters patent appeal. By the aforesaid common judgment the learned single Judge has dismissed writ petition No. 687 of 2003 and allowed writ petition No. 1265 of 2006. The petitioner is an industrial consumer of electricity supplied by respondent No. 1 (hereinafter referred to CESC Limited ). Petitioners received a notice dated 20th of September, 2001 from CESC Limited alleging tampering with the seals of the meter and demanding a sum of Rs. 14,20,102. 40 paise on account of unmetered illegal consumption of power. The petitioners challenged the aforesaid notice in W. P. No. 1903 of 2001. By an order dated 25th of September, 2001, the Court appointed an advocate and an electrical inspector to be appointed by the chief Electrical Inspector, as Special Officers to visit the factory premises and file separate reports as to whether the meter bears any sign of tampering with any seal. In the same order the petitioners were directed to pay a sum of Rs. 3. 80 lakhs without prejudice to his rights and contentions. The petitioners were also directed to deposit Rs. 26,030/- as costs and charges for replacement of a new meter and reconnection charges. It appears that the Special Officer was changed by order dated 27th September, 2001. Thereafter, the Special Officers visited the premises of the petitioners in terms of the order dated 25th of September, 2001. Two reports were submitted to this court. On perusal of the same by a further order dated 28th of September, 2001 the court directed one PRS Parmacel, the supplier of the seals to CESC Limited to depute experts for examination and/or testing of the seals at the factory premises. In the meantime, upon payment of a sum of Rs. 4,06,030/-, the electricity supply of the factory was restored on 30th September, 2001. After restoration of the supply the factory premises consumed electricity through meter No. 1994493. This matter was replaced on 29-4-2002 by a new matter being no. 1994618.

(2.) THE writ petition was disposed of by order dated 10th of December, 2001; the dispute was referred to the Chief Electrical inspector to go into the question, upon inspection of the disputed meter, as to whether the seals were tampered with by the writ petitioners for the purpose of committing theft of electrical energy. This was necessitated as an objection was raised with regard to the impartiality of M/s. PRS Parmacel as it was the sole supplier of seals to CESC limited. CESC Limited challenged the aforesaid order of the learned single Judge in appeal. This appeal was disposed of by a consent order dated 12-4-2002 which reads as under :-

(3.) IN view of the directions issued by the division Bench, the Adjudicating Officer assessed the amount due and payable by the petitioners. The assessment made by the adjudicating Officer was challenged by the petitioners before the appellate authority of cesc Limited. The appeal was dismissed by order dated 25th of February, 2003. This order was challenged by the appellants in w. P. No. 687 of 2003. Similarly, pursuant to the order of the Division Bench the Deputy chief Electrical Inspector, West Bengal, adjudicated the actual consumption of electricity by the appellants for the period from 25th of October, 2001 till 29th of April, 2002. A detailed order was passed on 27th of September, 2002. Ultimately, the following directions were issued :-