KAMRUP PAPER MILLS LTD Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has prayed for quashing the Memo dated 24.6.96 and the Bill dated 25.4.96 issued by the Area Manager, Industrial Revenue Collection Area of the Assam State Electricity Board demanding a sum of Rs. 10,33,200/- towards compensation for malpractice on the part of the petitioner assessed under clauses (21) and (22) of the Terms and Conditions for supply, 1988 of the Assam State Electricity Board.

(2.) The facts briefly are that the petitioner company owns a Paper Mill at Amingaon, Guwahati in the State of Assam to which the electricity is supplied by the Assam State Electricity Board (for short "ASEB). The total connected load of the said Paper Mill is 500 KW and an electricity meter is installed within the compound of the said Paper Mill for measuring consumption of electricity by the said Paper Mill and its colony. On 21.9.91, the said meter was inspected by the MTI Division, Guwahati of the ASEB and as per the inspection report since the meter and CT were found burnt, the meter and CT were replaced by two tested ores and the meter performance was found to be satisfactory. Thereafter, on complaint being made by the petitioner, the meter was again inspected by the MTI Division ,Gauhati on 131.7.93 and the meter was then sealed. No inspection was carried out on the said meter during the years 1994 and 1995. On 18.4.96, the MTI Division Guwahati again carried on inspection and the following remarks were noted in the inspection report:

(3.) Mrs.M.Hazartka, learned counsel for the petitioner, challenged the impugned Memo and the impugned compensation Bill of Rs.10,33,200/- raised against the petitioner on the following grounds: