SSF INDUSTRIES LTD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner prays that Clause 16.8 of the Tariff Notification No. COM/TAR/1010/93-430 dated 21.6.1993 (in short as 1993 Tariff) be declared ultra vires Section 26 of the Electricity Act, 1926 as well as Sections 46 & 49 of Electricity (Supply) Act, 1948 . The petitioner further prays that the bill for July and August, 2001 raised in terms of said Clause 16.8 on account of the meter installed in the petitioner's premises becoming defective on 12.7.2001 be quashed.

(3.) Petitioner is a company incorporated under the companies Act, 1956. It was granted electrical connection for 224 KVA contract demand, some time in February, 1997 and the supply of electricity commenced on and from 15.4.1997. On 12.7.2001 Electrical Foremen of the petitioner found that the meter of the petitioner was no functioning and the glass of the meter was blackened. On the same day, petitioner informed the Superintending engineer and Executive engineer by letters regarding the incident. He sent reminders on 16.7.2001 and 27.4.2001 to these respondent officials. On 30.7.2001, a team of engineers came to the factory of the petitioner and examined the meter and found all the seals of the meter intact. The team made inspection of the spot and submitted its report dated 30.7.2001 contained in annexure 4 advising the petitioner for replacement of meter. The petitioner in turn requested the respondents vide letters dated 31.7.2001 and 7.8.2001 (annexure 5 & 6) for replacement of the meter in view of inspection report. In the meantime, the petitioner received a letter from Executive engineer asking him to deposit a sum of Rs. 46,180/- so that steps for replacement of burnt meter may be taken. The petitioner states that though the estimate was prepared on 16.7.2001, the same was communicated to him after nearly 20 days. The petitioner further states that as per Section 26 of the Indian Electricity Act, 1910 , respondents were obliged to provide correct meter, unless one elects to have his own meter.