SIKAND CONSTRUCTION (PROJECTS) COMPANY Vs. U P STATE ELECTRICITY BOARD SERVICE; U P JAL VIDYUT NIGAM LTD
LAWS(UTN)-2013-7-230
HIGH COURT OF UTTARAKHAND
Decided on July 31,2013

Sikand Construction (Projects) Company Appellant
VERSUS
U P State Electricity Board Service; U P Jal Vidyut Nigam Ltd Respondents

JUDGEMENT

- (1.) Both these appeals are directed against the judgment and decree dated 07.02.2002 passed by Civil Judge (Sr. Div.)/VI Fast Track Court, Dehradun, in suit no.545 of 1991 and suit no.761 of 1995, whereby the said court has dismissed the suits.
(2.) Heard learned counsel forthe parties and perused the lower courtrecord.
(3.) Brief facts of the case are that the plaintiff is a contractor who entered into an agreement with State of Uttar Pradesh for construction of Power house and residential colony in District Dehradun in which the Government agreed to supply the electricity on the charge of Rs. 1/- per unit for Power house, and ' 0.80 per unit for construction purposes of residential quarters. Plaintiff started its work and obtained three phase 400 Volts, 50 Cycles LT Connection for the purpose of work of construction of residential quarters and another electric connection of 25 Horse Power for the power project. The work under the contract was completed on 01.08.1990, and on 22.09.1990 the contract stood terminated. It is alleged by plaintiff that after the contract, work was over, the defendants sent a electricity bill in question of amount of Rs. 4,82,659.13 including charges towards Transformer and also that of the period after the expiry of the contract i.e. from 01.08.1990 till July, 1991, that too without adjusting the security amount deposited by the plaintiff with the defendants. It is further alleged by plaintiff that no notice as required under section 3 of U.P. Government Electrical Undertakings (Dues Recovery) Act, 1958 was given. It is further pleaded in the plaint that neither charges of the transformer nor dues with effect from 01.08.1990 to July, 1991 were payable by the plaintiff- contractor. It is also alleged that tariff rate was not in terms of agreement of the plaintiff with State of Uttar Pradesh. On the above grounds recovery certificate issued to Tehsildar, Dehradun was challenged in suit no.545 of 1991.;


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