- (1.) BY the Court.- M/s Indian Oil Corporation Ltd., LPG Bottling Plant, Ganga Ganj, Kanpur (IOCL) has filed these two writ petitions through its Senior Plant Manager, challenging the imposition of 'peak hour penalty', in the electricity bills raised by the Kanpur Electricity Supply Company Ltd. (KESCO) In Writ Petition No.14310 of 2002 the IOCL has prayed for quashing the demand notice dated 16.3.2002 for the month of 12/01 Rev. of Rs.3,63,926/-; bill dated 22.3.2002 for the month of 1/02 Rev. of Rs.8,05,092/-; bill dated 23.3.2002 for the month of 2/02 Rev. due to MRC of Rs.6,99,684; bill dated 23.3.2002 for the month of 3/02 for Rs.5,62,500/-; a writ of mandamus commanding KESCO to restore the electricity supply of the petitioner forthwith without additional demand of amount of penalty imposed by the impugned orders; and to execute fresh agreement with the petitioner according to the public notice dated 23.3.2002.
(2.) IN Writ Petition No.14662 of 2002 the IOCL has prayed for quashing the order dated 23.3.2002; letter of Asstt. General Manager (Bulk) dated 1.4.2002 to the Manager (T), IOCL, Marketing Division, Panki, Kanpur informing it that the supply, which was disconnected on 24.3.2002 for failing to pay the penalty charges amount to Rs.23,70,163.00 for availing power supply during restricted hours for which IOCL is not entitled/authorised as per existing agreement was recommended on 24.3.2002 on the promise to pay of the dues upto 11.00 a.m. on 28.3.2002 and that fresh agreement for use of supply during restricted peak hour shall be executed only after payment of all the pending dues/bills of KESCO as per existing rules. By the interim orders dated 16.5.2002 while issuing notice the Court directed that if the petitioner deposits Rs.12 lacs with the respondent No.1 within 15 days, the electricity supply of the petitioner shall not be disconnected on account of non-payment of the amount in the impugned bills.
(3.) WE have heard Dr.R.G. Padia, Sr. Advocate assisted by Shri Prakash Padia for the petitioner and Shri P.K. Tripathi for the KESCO. The writ petition was amended by order dated 16.5.2002 inserting paragraph ''27A' to ''27H' and grounds ''H' to ''O'.;