Kalyan Jyoti Sengupta, J. - (1.) The petitioner company having taken the liability and assets of the erstwhile transfer company, namely, M/s. Gairkata Tea Company Limited on amalgamation had to incur liability of electricity dues also. The Board raised the supplementary bill in relation to the alleged outstanding dues of the aforesaid transfer company which arose due to error in calculation during the period of November, 1974 to March, 1976. The bill was challenged by the petitioner company previously before this Court. The learned Trial Judge while disposing of the earlier writ petition by an order dated 25th March, 1987 was pleased to refer the dispute to the Chief Electrical Inspector for arbitration.
(2.) The petitioner had preferred an appeal against the aforesaid order. The appeal Court by judgment and order dated 25th March. 1996 substantially upheld the order of the learned Trial Judge and gave certain direction modifying the direction of the learned Trial Judge in the manner as follows : "We are, therefore, in agreement with the order and direction of the learned Trial Judge in referring the matter to the Chief Electrical Inspector. Since there was an interim order by this Court while entertaining the appeal and as such the appellants did not raise the dispute before the Chief Electrical Inspector and as such in case the appellants raise the dispute now within two weeks, the Chief Electrical Inspector shall entertain the dispute and dispose of the matter within a period of three months upon notice to the parties. The appellants shall abide by the decision to be given by the Chief Electrical Inspector and shall pay the dues if found against him within a period of one month from the date of such decision. In case the appellants do not raise any dispute within time, this order shall stand automatically vacated and it will be open to the respondent Board to recover the amount in accordance with law. In case such dispute is raised by the appellants within the aforesaid time, the respondent Board shall not press for payment of the dues for a period of four months only. With this direction, the appeal stand disposed of. There will be no order as to costs."
(3.) Pursuant to the aforesaid direction the writ petitioner herein and appellant therein referred the dispute to the Chief Electrical Inspector who in his turn main and published the award and adjudicated the dispute on 4th July, 1996. It appears that the Chief Electrical Inspector in his award has made following order : "It is ordered that the respondent West Bengal State Electricity Board shall, therefore, prefer a revised claim for Rs. 10,31,635.77 only on the consumer i.e. M/s. Gillanders Arbuthnot & Co. Ltd. A/c. M/s. Gairkhata Tea Estate. A-1, Gillander House, Netaji Subhas Road, Calcutta-700 001 against supplementary bill No. 123/supplementary dated 14.2.87 with appropriate provision to ascertain the date of receipt of such claim by the consumer and the consumer shall pay the said amount within one month from the date of receipt of the claim in the spirit of the order of His Lordship and if the consumer defaulted to pay the amount claimed within such period, the Board is at liberty to take appropriate action against the consumer subject to usual terms and conditions of the Board and as such the matter stands disposed of.";