BIHAR STATE ELECTRICITY BOARD Vs. USHA BELTRON LTD.

JUDGEMENT

(1.) THIS appeal is directed against the order dated 25.9.2000 passed by Subordinate Judge I, Saraikella in Misc. Case No. 2/2000 thereby and whereunder he has allowed the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 and by temporary injunction restrained the appellant - Board from enforcing the award and further restrained the appellant -Board to disconnect the supply of electricity to the factory premises of the respondent till the disposal of the application filed under Section 34 of the said Act.

(2.) THE relevant facts of the case lie in a narrow compass.

(3.) The respondent -M/s. Usha Beltron Ltd. is High Tension Consumer of the appellant -Bihar State Electricity Board. In 1996, an inspection in the premises of the petitioner was conducted and it was alleged that the respondent was indulging in theft and misuse of electricity. On the basis of inspection report, a bill was raised on 4.4.1996 for Rs. 11,42,34,683.71 paise. The respondent -M/s. Usha Beltron Ltd. challenged the bill before the Ranchi Bench of the Patna High Court in CWJC No. 1388/96(R). The said writ application was allowed in terms of order dated 10.7.1996 and the bill was set aside with certain direction to the appellant -Board. The Board being aggrieved by the said order, moved the Division Bench by filing appeal being LPA No. 172/96 (R). The Division Bench by judgment dated 28.7.1997 disposed of the appeal holding that the impugned bill was covered under clause 6(b) of the Tariff framed by the Board. However, the Division Bench gave a direction for determination of the question involved, as it was necessary to decide the controversy between the Board and the consumer on the question of methodology adopted by the Board in determining the actual capacity of the electricity by the respondent -consumer. Accordingly, as agreed by the parties, the Division Bench appointed the following persons as the Board of Arbitrators and referred the matter for adjudication :