KAMPER CONCAST LIMITED Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) These two writ petitions are filed by the same petitioner which is a company incorporated under the Indian Companies Act. The petitioner has a High Tension Industrial connection for running an induction furnace. It first filed CWJC No. 8802/1999 challenging the disconnection of its electricity line pursuant to inspections held on August 26 and 27, 1999 followed by the institution of an FIR in which it is alleged that the petitioner was engaged in theft of electricity. Before any order could be passed in that case, the petitioner was given a bill, dated 31-8-1999 for a sum of Rs. 5,88,61,757.00. The impugned bill is raised on the basis of the penal provisions as contained in clause 16.9 of the tariff pursuant to the charge of theft of electricity on the basis of the inspection reports and some other materials as would be indicated hereinafter. It then filed CWJC No. 9061/1999 challenging the demand made in the bill dated 31-8-1999 (Annexure 14 to the second writ petition).

(2.) These two cases were, therefore, heard together and are being disposed of by this common order.

(3.) Heard Mr. Pawan Kumar, senior counsel appearing for the petitioner and Mr. Y. V. Giri, senior counsel representing the Board.