GANDHI INDUSTRIES PRIVATELTD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is a Company registered as Small Scale Industry. THE petitioner entered into an agreement with respondent No. 1 for supply of Electricity of (16 K.V.) THE petitioner states that the respondents were never able to give interrupted supply of power to the unit of the petitioner. THEre was sudden interruptions which caused much loss to the petitioner. THE petitioner further states that the industry of the petitioner is such that after an interruption it cannot immediately start consuming the power and it takes a longer period to make the unit ready for consuming the connected load. THE petitioner stated that there was trippongs, load-sheddings and power galore all the time.

(2.) THE petitioner states that during the periods 1982-83, 1983-84, 1984-85, 1985-86 and 1986-87 the Respondents failed to perform their part of the agreement/contract but all the bills were raised for A.M.G. and under duress or coercion the petitioner was made to pay the same as such submitted a claim for Rs. 2,53,285.60 ps. for the period 1982-83 to 1986-87 giving details of the said claim including the periods then the Respondents failed to supply electricity, vide its letter No. GIPL/59/90/246 dated 21.8.1990 which was duly received by Respondent No. 2.

(3.) IT is true that the claim is stale one but the facts remain that the application was filed after the judgment of the Supreme Court. I do not want to express any opinion on the question as to whether the Limitation Act will be applicable or not since, I am remitting the matter to the General Manager to decide the representation on merit. The parties are at liberty to address General Manager in the question whether the limitation Act will be apply or not.