RANCHI, India, Sept. 8 -- Jharkhand High Court issued the following order on Aug. 8:

1. The instant appeal preferred under Clause-10 of Letters Patent is directed against the judgment dated 05.09.2018 passed by the learned Single Judge of this Court in W.P.(C) No.6054 of 2017, whereby and whereunder, the writ petition has been allowed by passing the following directions;

"By an interim order dated 14.03.2018, the respondent-Nigam was directed to resume supply of electricity at the petitioner's premises on deposit of Rs.25 Lacs (Rupess Twenty Five Lacs). The amount so deposited by the petitioner shall be adjusted against the future bill(s) raised by the Nigam, in terms of the Regulations."

Facts

2. The brief fact of the case, as per the pleading made in the writ petition as also incorporated in the impugned judgment, required to be enumerated, which reads as under:-

3. It is the case of the writ petitioner that the writ petitioner, a company registered under the Companies Act, 1956, has been granted electrical connection under HTSS tariff with contract demand of 3000 KVA, which was energized on 03.07.2006. On account of a massive blast in the cubical metering unit there was electricity break-down in the petitioner's premises which was rectified on 16.06.2017 by a team of the respondentNigam's officials and a report was prepared. The report thus prepared records that metering unit chamber was slightly damaged, K-phase CT and all PT were found in proper condition (written as OK), meter reading was correct and there was proper sealing, however, b-phase CT which was totally cracked and damaged was replaced. No evidence of mis- utilisation or theft of electricity was found.

4. The meter readings for the previous successive several months or after June, 2017 record description of meter chamber and the meter chamber glass and everything seems to be fine till 26.09.2017 when an inspection was carried out at the petitioner's premises; the meter reading report has been prepared by a 5-member team of the Nigam's officials.

5. On the basis of a written report of the Assistant Electrical Engineer, Chakulia P.S. Case No. 30 of 2017 under Section 379/420/353 I.P.C and under Section 135/137/138 of the Electricity Act, 2003 was lodged. On 27.09.2017, the petitioner has submitted its written objection to the inspection report dated 26/27.09.2017, however, on 29.09.2017 provisional assessment under Section 135 of the Electricity Act, 2003 read with Clause 11.9 of the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015 was passed and the petitioner was directed to pay Rs.3,23,71,524/- which according to the respondent-Nigam is the amount of loss caused due to theft of electricity by the petitioner. The petitioner has pleaded that during investigation no evidence of theft of electricity was found and accordingly, the police has submitted Final Form No. 39 of 2017 dated 30.11.2017; a protest-cum-complaint to the Final Form. Being aggrieved with the aforesaid, writ petition being W.P.(C) No.6054 of 2017 has been filed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrAVu3%2BmBecNE%2B1rhYk52ixTSEt2q9bvKXgF6uQ4jPhS8&caseno=LPA/648/2018&cCode=1&cino=JHHC010344712018&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.