S.Sen, J. - (1.) This is an application under sections 30 and 33 of the Arbitration Act, 1940 or setting aside of an award dated 29th/30th March, 1995, passed by the Deputy Electrical Inspector, West Bengal. The petitioner and the respondent No. 1 the West Bengal State Electricity Board (hereinafter referred to as 'the WBSEB') had entered into an agreement for supply electricity under certain terms and conditions. Clause 27 of the said agreement provides as follows:- "Should any dispute or difference arises between the Board and the Consumer relating to any of the matters in this Agreement, the same shall be referable to two Arbitrators, one to be appointed by each party to the dispute and provisions of the Arbitration Act, 1940 shall apply to such arbitration in all other respects."
(2.) Disputes and differences arose as between the parties with regard to the electricity bills, which were challenged before this Court under Article 226. The petitioner also filed a special suit under section 20 of the Arbitration Act, 1940 along with an application under section 41 of the said Act. The petitioner had also invoked the provisions of sections 24(2) and 26(6) of the Indian Electricity Act, 1910 read with section 76 of the Electricity Supply Act, 1948.
(3.) According to the petitioner all the bills that were raised from time to time from the month of August, 1996 till August, 1997 were inflated and exorbitant and were challenged in accordance with the provisions of sections 24(2) and 26(6) of the Indian Electricity Act, 1910 or Electricity Supply Act, 1948.;