NILKANTH INDUSTRIES Vs. GUJARAT URJA VIKAS NIGAM LTD.

JUDGEMENT

(1.) IT appears that by typographical error, at para 8 of the judgment dated 30.01.2013 in SCA No.6921/04, instead of correct date as "22.07.2003", it is wrongly typed as "22.06.2003".

(2.) PERMISSION granted. AnnexureC is taken on record accordingly.

(3.) THE short facts of the case appear to be that the petitioner is having HT consumer connection of 200 KVA. The factory premises of the petitioner was inspected on 25.03.2003 and as per the inspection report dated 25.03.2003, everything is found intact inasmuch as seals were in existence, the connection was checked, the calibration of static metre and accuchek were also made and nothing objectionable was found. Therefore, it appears that on 21st and 22nd, inspections were made and prima facie, the inspecting officer found that there was tampering of the meter and theft of electricity. Thereafter, supplementary bill was issued of Rs.37,36,571.40. The petitioner being aggrieved by the said action, preferred appeal before the appellate committee. Thereafter, the appellate committee decided the appeal and partly allowed the appeal to the extent that the load factor was treated as 0.6 and chargeability of days were maintained to the extent of 152 days. It also appears that based on the order of the appellate authority, the supplementary bill has been issued. It is under these circumstances, the petitioner has approached to this Court by way of the present petition.