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SURYA TOWERS, RAILWAY STATION JUNCTION versus KERALA STATE ELECTRICITY BOARD

High Court of Kerala

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SURYA TOWERS, RAILWAY STATION JUNCTION v. KERALA STATE ELECTRICITY BOARD - WP(C) No. 4142 of 2004(R) [2007] RD-KL 13563 (19 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4142 of 2004(R)

1. SURYA TOWERS, RAILWAY STATION JUNCTION,
... Petitioner

Vs

1. KERALA STATE ELECTRICITY BOARD,
... Respondent

2. THE DEPUTY CHIEF ENGINEER,

3. THE SPECIAL OFFICER REVENUE,

4. THE ASSISTANT ENGINEER,

For Petitioner :SRI.KKM.SHERIF

For Respondent :SRI.T.G.RAJENDRAN SC FOR K.S.E.B.

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :19/07/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 4142 OF 2004

Dated this the 19th day of July, 2007.



J U D G M E N T

Petitioner is aggrieved since interest for part of the month has been taken as interest for one month. Taking note of the fact that the electricity that is supplied is supply in advance, it is only just that such rigorous conditions are imposed, as held by the Supreme Court in several decisions.

2. However, it is seen that the petitioner has been demanded two months interest though the delay is actually for less than a month. Apparently it is on the technical ground that the payment is made in the succeeding month. If the delay is below one month's duration, there is no justification in levying interest for two months for the only reason that the demand falls in one month and delayed remittance is in the succeeding month. Such an interpretation is not warranted under Regulation 32(e) of the Conditions of Supply of Electrical Energy. W.P. (C). 4142/04 2 I quash Exhibit P6 and other similar bills issued to the petitioner with a direction to the third respondent to recalculate the interest in the light of the judgment and make appropriate adjustments in the future bills, within a period of three months.

KURIAN JOSEPH, JUDGE.

smp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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