Bihar State Electricity Board & Ors. Vs. M/S Bhola Ram Steel Pvt. Ltd.
Civil Law - Electricity
Indian Electricity (Supply) Act, 1948, Section 49 - Industrial Policy of the State Government of Bihar 1993 and 1995 - Statutory notification of 21.06.1993, Clause 16.5 - Electricity - Demand - Connected load - Contract demand - Drawing of excess electricity - Merely in an inspection in January, 1999 if the connected load was found to be of 495 HP when for six months in a subsequent period of April, 1999 to March, 2000 maximum demand has increased beyond the contracted load of 500 KVA - It is not disputed that it was more than 110% of the contract load - Thus as per clause 16.5 of the notification dated 21.06.1993 issued under the Act, 1948 Electricity Board was well within its rights to realize the amount as per tariff notification - Once maximum load drawn had exceeded the contracted load - There is violation of the permissible connected load - Recording in MDI meter is more credible and reliable than the stand of the industry that the meter was faulty, set up just to escape from the liability - Impugned demand held to be legal and valid - Let the outstanding amount calculated as on today, be paid as per norms of the Board within a period of six weeks - Impugned judgment and orders liable to be set aside and writ petition dismissed.
Topic(s)-Electricity - Demand valid