W B STATE ELECTRICITY BOARD Vs. FAKIR CHAND RICE MILLS
LAWS(SC)-1996-2-206
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on February 27,1996

W B State Electricity Board Appellant
VERSUS
Fakir Chand Rice Mills Respondents

JUDGEMENT

- (1.) Mr. A. D. Sikri, the learned counsel accepts notice on behalf of the respondents. We have heard the counsel for the parties.
(2.) Leave granted.
(3.) As rightly pointed out by the counsel for the respondents, it is a discretionary order. The discretion would also be properly exercised by the courts below when dealing with the points in controversy. A demand of Rs. 28,68,264. 06 was made on the allegation that there were pilferages in the meter reading of the electrical energy supplied to the respondents. In a suit by the respondents for supply of energy to the respondents, the trial court directed payment of Rs. 2,60,000. 00 and odd. On appeal, it was confirmed. When it was carried in revision, the High court in CO No. 2714 of 1995 modified the order and directed the respondents to deposit a sum of Rs. 5,60,000. 00. Thus this appeal by special leave.;


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