NAVIN CHANDRA SHARMA, J. - (1.) MEWAR Marble Industries Pvt. Ltd., a private limited Company, incorporated under the provisions of the Companies Act, 1956 and having its registered office at E -27, Ambaji Industrial Area, Post Office Abu Road (District Sirohi), is carrying on business of manufacturing mirror -polished marble tiles since the year 1988. It is a Consumer of HT electricity supply from the supplier Rajasthan State Electricity Board (for short, 'the Board') since 14th April, 1989 under a sanctioned contract demand of 300 KVA with a sanctioned connected load of 537.5 BHP. The petitioner company provided 'Consumer's substation or an enclosed Switch Station' for HT Consumers for the purpose of housing the Board's Terminal High tension Switch gear and equipment which included the metering facilities, apparatus and measuring devices as required by the Board.
(2.) IN this lengthy writ petition running in 51 pages, the petitioner prays, that: (a) Report dated 15.2.91 (Ann. I), Order of the Chairman of the Board dated 21.2.91 (Ann.4), meter test record dated 23.2.91 (Ann. 12) and an unaverred and unproduced Annexure -13 be declared void and unenforceable against the petitioner -Company and the demand of Rs. 4,50,000/ - under order dated 15.2.91 be quashed; (b) The Board may be restrained from disconnecting any power supply to the petitioner -Company on account of non -payment of the instalments in pursuance of the order of the Chairman of the Board dated 21.2.91 (Ann. 4); and (c) The Board be directed to refund a sum of Rs. 1.60 lacs to the petitioner -Company with interest of 18% per annum from the date of payment till relization. What after all these three documents Annexures -1, and 12 are? The Executive Engineer (MT), RSEB, Jodhpur, the Executive Engineer (O and M) RSEB, Sirohi, the Asstt. Engineer (ST), Sirohi and the Asstt. Engineer (O and M), Abu Road made a joint routine checking of JDC HT 115 at the industry precincts of the petitioner -Company on 15th February, 1991 and made a report Ann. I. It was inter -alia reported in the joint inspection report that: During inspection following act of theft was noticed : 'the sealing wire of meter panel is found rejointed i.e. tampering of sealing system where Trivector meter No. 8850/8/80 IMP Make meter sealing wire having sealed by lead seal No. P. 4683. The above facts indicate that you are guilty of theft. The amount of compensation payable by Consumer to the Board under the relevant provisions of General Conditions of Supply has been provisionally assessed at Rs. 8,93,520/ -.............. Consumer has agreed for compounding his theft case. Compounding amount Rs. 300 1500 = Rs. 4,50,000/ - four lakhs fifty thousands only). Meter room is sealed by seal No. C 11489 punched by plies No. 308 of X En (MT), Jodhpur.
(3.) ANNEXURE -4 is an application made by the Director of the petitioner -Company to the Chairman of the Board stating that 'during the checking of meter by RSEB officers on dated 15.2.91, we have been agreed for compounding as per their report (copy enclosed) amounting to Rs. 4.50 lacs. Presently we are unable to deposit the full amount. Therefore we request your good self to grant us twenty instalments for depositing the above amount. Moreover we may please be allowed for re -connection of power after depositing the first instalment. We shall also be paying the monthly energy charges along with the instalment.' Upon this application is the order dated 21.2.91 passed by the Chairman of the Board addressed to the AEN to the effect that 'The party has been allowed to deposit Rs. 1 lakh (one lakh) in five days. Remaining amount may be recovered in monthly instalment of Rs. 30,000/ - (Thirty thousands).';