Gujarat High Court
Sanjeev T. Bansal vs Gujarat Electricity Board & Ors on 23 January, 2004
Author: R.M.Doshit
Bench: R.M.Doshit
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 816 of 2004
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SANJEEV T. BANSAL
Versus
GUJARAT ELECTRICITY BOARD & ORS.
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Appearance:
1. Special Civil Application No. 816 of 2004
MS SK VISHEN for the Petitioner
.......... for Respondents Nos. 1-3
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CORAM : HON'BLE MISS JUSTICE R.M.DOSHIT
Date of Order: 23/01/2004
ORAL ORDER
Heard the learned advocate.
Leave to add prayer 9(B.1) The learned advocate Ms Vishen has relied upon the Conditions and Miscellaneous Charges for Supply of Electrical Energy. She has submitted that Condition No.34 governs the payment for energy dishonestly used or abstracted for malicious wastage or to divert. Under the said Condition the respondent Board has also set out the diversity factor and the load factor. The quantum of diversity factor and the load factor is to be considered for computation of units consumed fraudulently. The diversity factor is 1.5 for flour mill while the load factor is 30 per cent. Instead, in the present case the load factor has been calculated at 80 per cent. Thus, the supplementary bill issued to the petitioner has been inflated considerably.
Notice to the respondents returnable on 27th February, 2004.
Pending this petition, by way of ad-interim relief, it is directed that the petitioner's power supply shall not be disconnected if the petitioner pays the HC-NIC Page 1 of 2 Created On Tue Nov 24 00:37:54 IST 2015 amount of all his regular consumption bills and also pays a sum of Rs.50,000=00 against the impugned revised supplementary bill by 27th January, 2004 and pays 50% of the outstanding amount of the revised supplementary bill on or before the returnable date i.e. 27th February, 2004. Such amount may be paid in five weekly installments. Direct service is permitted.
( Ms. R.M.Doshit, J. ) /sakkaf HC-NIC Page 2 of 2 Created On Tue Nov 24 00:37:54 IST 2015