S.B.Sinha, J. - (1.) The petitioner in this application, inter alia, has questioned a bill for a sum of Rs. 8,35,529.00 as contained in annexure 'C' to the writ application towards late payment surcharge for the period 2.11.88 to 16.7.96.
(2.) The fact of the matter is as follows: The petitioner carries on business in partnership under the name and style of Sri Ramkrishna Cold Storage. The factory allegedly remains operative from 15th March to November 15 each year and an agreement was entered into by and between the petitioner and the respondent Board for supply of electrical energy to the petitioner's aforementioned Cold Storage for getting supply's of electrical energy wherefor admittedly a meter had been installed in January, 1987. The meter reading in respect of the said Cold Storage was found irregular and the petitioner challenged the correctness of the bills presented on the basis of such reading. The said writ application was registered as C.O. No. 11930(W) of 1988. By an order dated 28.8.90 the learned Judge while referring the dispute to the Electrical Inspector in terms of Section 26(6) of the Indian Electricity Act directed that the petitioner pay a sum of Rs. 45,000/- per month irrespective of recording in the meter. However, soon thereafter pursuant to the said order, the meter which had been installed in the premises of the petitioner was sent to the Chief Electrical Inspector and a new meter was installed. The Chief Electrical Inspector submitted his award on 23.11.95 wherein he made the following observations: "1. The meter (TVM) No. 32365072 which were in the metering circuit of the petitioner since January '87 till such time i.e. 13.3.92 it was removed for testing in the testing laboratory of the Directorate of Electricity was found to he correct in all respect within the measuring of Rule 57 of the I.E. Rule. 1936. 2. The bills raised on the recorded reading of the meter (TVM) No. 32365072 since January '87 till such time i.e. 13.3.92 it was removed for testing were correct.
(3.) The respondent is to follow normal procedure in computing additional security to be deposited by the petitioner. The said authority in the aforementioned award directed:-- "Bills raised on the recorded readings of the meter (TVM) No. 32365072 or in terms of agreement executed between the petitioner Sri Tapan Sinha of Sri Ramkrishna Cold Storage and the respondent (W.B.S.E. Board) since January '87 till 13th March, 1992 do not call for any further notification. Having regard to additional security deposit realisable from the petitioner, the respondent W.B.S.E. Board shall compute the amount, for normal norms on the strength of highest monthly billed amount against two months consumptions since January, 1987 till date. The petitioner shall pay the outstanding dues of the respondent (Board) including Additional Security deposit after it being adjusted against the security already furnished by the petitioner at the earliest. It is obligatory on the part of the petitioner to effect payment of energy bills raised by the respondent with the stipulated time in terms of agreement." 3. Pursuant to the aforementioned award the respondent-Board by a letter dated 5.2.96 as contained in annexure 'B' to the Writ application directed the petitioner to pay a sum of Rs. 6,57,494.36p. It further asked the petitioner to furnish the additional security deposit in the shape of bank guarantee amounting to Rs. 1,19,620/-. A copy of the statement of bill and payment in respect of said Cold Storage from October '88 to October '95 had also been annexed therein.;