APURVA KUMAR Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS fetters patent appeal has been filed against the order of 4. February, 2003 on CWJC. No. 12270 of 2002 : Apurva Kumar V/s. The Bihar State Electricity Board and Ors.

(2.) THE consumer of electrical energy faces recovery proceedings. The main issue is as to who is the consumer ? The consumer is one M/S Apic Chemicals Pvt.Ltd. Hazipur. The petitioner -appellant Apurva Kumar is the Director of the Company. The Company did not file the writ petition. In the circumstances, Apurva Kumar was not possessed of any legal status to challenge whatever be the proceedings. The industry, that is to say, M/S Apic Chemical Pvt. Ltd. Hajipur had an agreement with the Bihar Electricity Board for the supply of a certain load of electrical energy. In the agreement, there is a Clause 9 (a). In reference to the context, there is a certain period which must pass before the industry may be exempted from payment of any charges. This period is in the context of compulsory availing period. This court is not going into the question as to when actually the electricity connection was cut off or the industry desires that the electricity connection be cut off, Truly, both the parties are bound by the agreement which they signed between them.

(3.) THE petitioner -appellant Apurva Kumar apparently forgot that a Director is an agent of the Company. If every Director of a corporate body starts raising this plea and the nation is to move into a new economic order then persons like the petitioner and the Company of which he is a Director will collapse the State Electricity Boards.