RAJASTHAN STATE ELECTRICITY BOARD Vs. MODERN SYNTEX

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 25. 9. 1991 passed by the learned single judge by which the writ petition filed by the respondent M/s Modern Syntex (India) Ltd. , was allowed and it was directed therein that the dispute between the petitioner-respondent herein, and the appellant Rajasthan State Electricity Board, pertaining to the alleged defective meter of the respondent, be referred to the Electrical Board, pertaining to the alleged defective meter of the respondent, be referred to the Electrical Inspector in accordance with S. 26 (6) of the Indian Electricity Act, 1910 and the demand, if any, should be raised only thereafter.

(2.) THE appellant-Rajasthan State Electricity Board (hereinafter shortly referred to as `the Board'), instead of complying with the directions of the learned single judge for taking steps to get an Electrical Inspector appointed for checking the meter of the respondent consumer, preferred this appeal and has challenged the judgment and order of the learned single judge.

(3.) LEARNED counsel for the appellant Board now substituted by Rajasthan Rajya Vidyut Vitaran Nigam Ltd. , as already indicated hereinbefore, has argued with vehemence that the order of learned single judge is fit to be quashed and set aside as the respondent-consumer at the time of checking of the meter had conceded to the factual position that the meter was defective and, therefore, the then RSEB was legally justified in raising the supplementary bill even without referring the matter to the Electrical Inspector.