S.N.Aggarwal, J. - (1.) The petitioner is a company registered under the Companies Act, 1956 and is manufacturing automotive parts for two-wheelers. It has electricity connection bearing account No. A-60/MS with the sanctioned load of 44.885 KW. On 7.11.2004 there was electrical fault for which a complaint was lodged with respondent No.1. On 9.11.2004 the Executive Engineer- respondent No.2 visited the premises of the petitioner-company and rectified the default. On 14.11.2004 the respondents visited the premises of the petitioner company and told its functionaries that one seal was damaged. On 15.12.2004 a notice was served on the petitioner-company and it was replied that no seal of MCB box was broken. On 27.12.2004 the respondents prepared the inspection report regarding the breaking and repressing of the seal of MCB box and as per their report the connection load was assessed at 154.389 KW. Notice dated 28.12.2004 was served on the petitioner-company and an amount of Rs. 31 lacs was levied on account of alleged theft of energy calculated @ Rs.20,000/- per KW for 155 KW. Objections were filed by the petitioner-company on 30.12.2004 under Section 126 (3) of the Electricity Act,2003 against the order of assessment dated 28.12.2004 but to no effect. An appeal was filed under Section 127 of the Electricity Act, 2003 on 11.1.2005 with the Chief Engineer, but in vain. Then the petitioner-company filed the civil suit for declaration with consequential relief of mandatory injunction challenging the inspection report and the imposition of penalty amount of Rs.31 lacs.
(2.) An application for interim stay was also filed. The said application was dismissed by the learned trial Court vide impugned order dated 15.3.2005.
(3.) The appeal was filed by the petitioner-company against the said order. It was also dismissed by the learned Lower Appellate Court vide order dated 26.9.2005. Hence, the present petition.;