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M/S Premier Ispat Limited v. Dakshinanchal Vidyut Vitran Nigam Limited And Others - WRIT - C No. 73942 of 2005 [2005] RD-AH 7163 (8 December 2005)


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Civil Misc. W.P. No.  73942 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

Sri W.H. Khan wants to file a counter affidavit, which he may do within three weeks. Rejoinder may be filed within two weeks thereafter. List the petition immediately after five weeks.

The meter at the factory of the petitioner was found not to show any consumption during the certain period. Therefore, initially, the petitioner was billed on the average of previous three months billing cycle. The petitioner paid the amount.

Thereafter, the second demand has been raised on the averment that the meter installed at the feeder showed export of energy to a certain extent and for that entire exported energy, the petitioner has been billed. According to the averments in the writ petition, which are not denied by Sri W.H. Khan, although instructions have been obtained by him, the energy exported from the feeder is supplied to two consumers namely, the petitioner and the M/s. Mawana Steels Private Limited (in short Mawana). Prima facie, part of the exported energy must have been consumed by Mawana also. If during the period when the petitioner's meter was not showing any consumption, the meter of the other consumer namely, Mawana was not defective and not tampered, the power shown to be consumed by that meter of Mawana must be deducted from the total exported energy and the petitioner could have been billed only for the said balance energy at best.

No such thing appears to have been done, therefore, pending filing of the counter affidavit, we stay the demand made by the bill dated 21.6.2005 (Annexure-10 to this writ petition), in asmuchas, the earlier bill raised according to the previous three months billing cycle has been deposited by the petitioner.

Dated : December 8, 2005



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