JUDGEMENT
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(1.) HEARD the learned counsel for the parties. As we are going to pass an agreed order, it is not necessary to go into the details of the rival claims of the parties. From the inspection report dated 26th August, 1999, it is clear that so far as the industrial load is concerned, the same was within the sanctioned load i.e. 77.5 HP, the sanctioned load being 79 HP. So far as the load on account of lighting and fans in the industries, which comes to 9 KW = 12 HP is concerned, the same has been separately mentioned in the inspection report. Thus, it is clear that the Board is entitled to charge the respondent on the commercial tariff so far as the load to the extent of 9 KW with respect to lighting and fans is concerned, Mr. Mittal has stated at the Bar that he has made an application on 24.10.2002 with requisite fees for grant of separate commercial connection of 12 KW for lighting purposes in the industries of the respondent. In the facts and circumstances with the consent of the parties, we pass the following orders :
(i) The Board shall raise a supplementary/fresh demand on the basis of the fresh calculation based on the commercial tariff with respect to the consumption of energy for the lighting purposes from the date of inspection i.e. 26.8.1999 till a separate meter for commercial purposes is installed, at commercial rate.
(ii) The Board shall provide a fresh/separate connection on commercial side in the factory premises of the appellant for lighting purposes within six weeks, if the application made by the respondent is in order, subject to the respondent paying/depositing all the charges.
(iii) It is further observed that any payment made in excess of the revised demand shall be subject to adjustment. With the aforesaid directions/observations, this appeal is disposed of.;
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