LAWS(PAT)-2010-8-127

MC DOWELL AND CO.LTD., THROUGH SHRI LALIT MOHAN SHARMA SON OF SHRI RAM KISHORE SHARMA Vs. BIHAR STATE ELECTRICITY BOARD, THROUGH THE CHAIRMAN-CUM-MANAGING DIRECTOR

Decided On August 20, 2010
Mc Dowell And Co.Ltd., Through Shri Lalit Mohan Sharma Son Of Shri Ram Kishore Sharma Appellant
V/S
Bihar State Electricity Board, Through The Chairman -Cum -Managing Director Respondents

JUDGEMENT

(1.) This writ petition has been preferred for a direction to set aside or modify the electricity bill dated 11.3.1995 (Annexure-3), issued by the Bihar State Electricity Board (hereinafter referred to as the 'Board'), to the petitioner, for the period September 1992 to January 1994.

(2.) A brief statement of facts essential for the disposal of this writ petition may be indicated. It has a chequered history and has been agitated before this Court on earlier occasions also. The petitioner is a public limited company and is engaged in manufacture and marketing of liquor. One of its units is at Hathidah, Mokama, District-Patna. It had entered into an agreement with the Board for supply of 400KVA electricity for its manufacturing unit. On the petitioner's request, the contracted demand was raised to 575KVA, as per the agreement dated 29.1.1991, though the agreement became operational with effect from 24.9.1991. In other words, the actual increase was given effect with effect from 24.9.1991.

(3.) Learned Counsel for the petitioner has challenged the mode and manner of calculation of the impugned bill. He relies on the following reported judgments: