M.Y.EQBAL, J. - (1.) THE short question that falls for consideration in this writ application is whether the respondent - Board is justified in raising bill for Annual Minimum Guarantee Charges against the petitioner 'sunit which has not completed 12 months of its production in the new industry.
(2.) THE facts of the case, in brief, is that the petitioner entered into an agreement with the Board on 24.10.1992 for supply of electricity in its new industry with a contract demand of 85 KVA. In terms of the agreement supply of electricity commenced from 2.06.1992 and the petitioner started production from June 1992. Petitioner 'scase is that there has been consistent power trippings and power failure by the Electricity Board and the petitioner was unable to consume electricity. The petitioner received a bill of AMG for the year 1992 -93 for a sum of Rs. 33,593 units. Mr. M.S. Mittal, learned counsel appearing for the petitioner submitted that the petitioner -unit came into production only from June, 1992 and it had not completed 12 months till March, 1993. Unless and until a period of one year is completed, the respondent Board cannot charge AMG for the first year of its operation. In this connection learned counsel has drawn my attention to the relevant clause of the agreement and also the tariff of 1991. Learned counsel further submitted that the petitioner was never given any remission on account of frequent power interruption and power failure for which a representation under Clause 13 of the agreement was filed in 1993.
(3.) MR . V.P. Singh, learned counsel appearing on behalf of the respondent -Board, on the other hand, submitted that no bill has been raised on account of short fall in KVA charges. Learned counsel submitted that the bill for AMG has been issued for the period June, 1992 to March, 1993 proportionately as per the provisions of the tariff and the H.T. Agreement. According to the learned counsel, like the AMG the Maximum Demand charge is not calculated during the first year of supply on the maximum demand.;