HIMACHAL PRADESH STATE Vs. SHIVALIK CASTING PVT. LTD

JUDGEMENT

(1.) THE plaintiff, H. P. State Electricity Board, has filed the present suit against the defendants for the recovery of Rs. 44, 18,842 towards electricity consumption charges.

(2.) DEFENDANT No. 1, Shivalik Castings Private Limited is a private limited company duly registered and incorporated under the Companies Act, 1956. It has its registered office at Chandigarh and is carrying on the business of manufacture of castings of different spare parts and mechanical parts at village Jharmajri, Barotiwala in District Solan. Defendant No. 1 was granted induction load of 2975 K.W. by the plaintiff on October 18, 1986, vide Service Connection Order No. 62/05530. Account No. LP 56 LS was allotted to defendant No. 1. The requisite agreement in Form CS l(B) came to be entered into between the parties. Defendants Nos. 2 and 3 stood surety for defendant No. 1 for compliance with the terms of the agreement and payment of the charges for the electric power consumed.

(3.) DEFENDANT No, 1 on May 19, 1989, was allowed to pay the outstanding amount in six instalments. One instalment of Rs. 3,39,000 was paid by defendant No. 1. On the request of defendant No. 1, it was allowed to pay the balance amount of Rs. 15,00,000 in twelve equal monthly instalments. However, no payment was made by defendant No. 1 in spite of repeated opportunities having been granted. The arrears as in November, 1989, rose to Rs. 22, 10,896. As a result, the electricity connection was again temporarily disconnected on November 3, 1989. On the request of defendant No. 1, the plaintiff on December 5, 1989, allowed it to pay the outstanding amount in twelve instalments. The amount due was cleared by defendant No. 1 by the end of December, 1990. From December, 1990, to March, 1991, the electricity charges were regularly paid by defendant No. 1. It again became a defaulter and the following amounts became due : <FRM>JUDGEMENT_7_TLHPH0_2000.htm</FRM>