- (1.) THE petitioner alleging itself to be a Private Limited Company incorporated under the provisions of Company Act, 1956 alleges that for its small scale industry situated at Bokaro, it had taken one L.T.I.S. electricity connection of 64 H.P. load. For diversification, in the year 2008 the petitioner sought an H.T.I.S. connection for a contract demand of 101 KVA which was sanctioned, and for which a written agreement (Annexure 1) was entered into between the petitioner and Jharkhand State Electricity Board on 11.4.2008.
(2.) UNDER Clause 9 (a) of the agreement, the consumer i.e. the petitioner was not at liberty to determine the said agreement before the expiration of 03 years from the date of commencement of supply of energy. By a letter dated 18.11.2008 (Annexure 3) the petitioner sought surrender of the H.T. connection and requested that the petitioner be provided with an L.T. commercial connection at the time of disconnection of the H.T. connection. Later, apparently realising the bar of 03 years, the petitioner wrote another revised letter dated 18.2.2009 requesting the reduction of the petitioner's load from 101 KVA to 60 H.P. By this change of language, the petitioner apparently tried to give an impression that he was not terminating the agreement, which as stated above, was not capable of termination by the petitioner consumer before the expiry of 03 years of the commencement of supply of energy, but the petitioner was merely trying to reduce the load to 60 H.P. under the existing agreement only.
(3.) RELIANCE was placed upon Clause 12 of the agreement which relates to increase of the load, which was permissible under the existing agreement. It was submitted that when the agreement permitted increase of the load it should equally permit decrease of the load. Reliance was placed upon the decision of a Division Bench of this Court dated 23.7.2008 in W.P.(C) No.6651 of 2007, M/s Ramkrishna Forging Limited Vrs. Jharkhand State Electricity Board and Others. That was a case where the load was required to be reduced from 4000 KVA to 1325 KVA. The Division Bench held that the load should be reduced by the Jharkhand State Electricity Board.;