LAWS(PAT)-1998-1-65

SHRIRAM BEARINGSLTD Vs. BIHAR STATE ELECTRICITY BOARD

Decided On January 25, 1998
Shriram Bearingsltd Appellant
V/S
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the portion of supplementary bills raised by the Electricity Board in respect of consumer No. R/2252 for the period February 1990 to May, 1990, that is Annexures 4 to 7.

(2.) THE Fact, in short, for the purpose of this application is that the petitioners factory was inspected on 25.10.1989 by the Vigilance wing of the Electricity Board and it was detected that the meter installed in the factory was running slowly, that is, towards lesser side to the extent of 5.493%. Accordingly, on the Vigilance report a fresh bill was raised making supplementary claim in the extent of about 5% of the energy consumed and previously already mentioned in the bill, mainly on the ground that the meter was defective and running slowly. So far the supplementary demand for excess payment of energy charges to the tune of about 5% for the period February, 1982 to September, 1989 are concerned, the petitioner company preferred a separate writ application questioning the validity of raising of the supplementary bill bearing CWJC No.560/90 R. Subsequently 5% additional charge was also incorporated in the regular bill for the month of February, 1990 to May. 1990, that is, for February. 1990 a sum of Rs. 13972; for March, 1990 a sum of Rs. 10187/ ; For April, 1990 for Rs. 12643/ and for May, 1990 for Rs. 13322/ , that is, 5% in excess of the consumption shown in the meter. The petitioner got grievance only to the extent of this excess charging to the tune of about 5% on the report of the Vigilance wing of the Board. In this writ application the period involved is only from February, 1990 to May, 1990.

(3.) ACCORDINGLY this writ application is allowed in the manner indicated above.