ASSAM STATE ELECTRICITY BOARD GUWAHATI Vs. BORJALINGA TEA COMPANY

JUDGEMENT

(1.) This first Appeal has been filed against the judgment and decree dated 9-8-96 passed by the learned Asstt. District Judge No. 2, Cachar at Silchar decreeing the suit by which the penal bills as mentioned in para 17(a) of the plaint was declared to be illegal and void. It was further decreed that the defendants are not entitled to realise any amount in such bills. The suit was also decreed for permanent injunction. The plaintiff Tea Co. brought a suit against the ASEB and others and their case was that the amount of penal charge of Rs. 1,12,748.79 P. demanded by the penal bills dated 21-8-94 is illegal and that further claimed that there was consumption of electricity of 231.4 KWs in place of sanction limit of 250 KW is illegal. It was further stated that this penal bill was prepared on the basis of inventory prepared by the officers of defendant during their visit on 8-11-83. The said inventory illegally included the stand-by motors and as such the suit was filed. A written statement was filed and in paras 11, 13, 14 and 17 it is stated as follows :

(2.) On these pleadings, 5 issues were framed. Issues No. 3, 4 and 5 are relevant for the purpose of disposal of this suit. They are quoted as follows :

(3.) A large number of documents were examined. With regard to Issue No. 3, the learned Judge came to the finding that the defendants prepared the penal bill without any basis as well as any legal sanction and that too in violation of principle of natural justice. It was further held that no amount is due to be realised by the defendant from the plaintiff on account of consumption of electricity and having arrived at the finding the suit was decreed as indicated above. Hence, this first appeal.