TRIBENI METALLOYS PVT. LTD. Vs. ASSAM POWER DISTRIBUTION COMPANY LIMITED

JUDGEMENT

(1.) Heard Mr. P.K. Sarma, learned counsel for the appellant. Also heard Mr. K.P. Pathak, learned standing counsel for the respondents.

(2.) This intra-court appeal is to assail the judgment and order dt. 13/10/2025, passed by the learned Single Judge in W.P.(C) 2608/2019, thereby dismissing the said writ petition filed by the appellant.

(3.) The appellant herein is that the appellant company has an industrial unit, having connected load of 2310 KW., drawing electricity power from the Assam Power Distribution Co. Ltd., (APDCL for short), the respondent no.1 herein. It has been projected that the APDCL had carried out usual inspection of the metering system of the appellants on 8/4/2019, but no anomalies were found. However, another inspection was carried out on 11/4/2019 at about 3.30 pm, and allegedly detected tampering of the metering system and a report to that effect was prepared on 11/4/2019. The representative of the appellants had made a remark on the inspection note to the effect that a false case was made out against them, and all seals were intact, but those seals were cut, broken and tampered by the inspecting team to frame a false case, for which there was nothing in the T&C Report or Format-16 showing any specified quantum of electricity stolen by the appellants, as required under Sec. 135 of the Electricity Act and that the electricity supply was illegally disconnected and that nothing was shown to as to what was tampering in the meter.