J.M.D. Alloys Ltd. VS. Bihar State Electricity Board & Ors.

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J.M.D. Alloys Ltd. VS. Bihar State Electricity Board & Ors.

CASE NO.: Appeal (civil) 8394 of 2002

PETITIONER: J.M.D. Alloys Ltd.

RESPONDENT: Bihar State Electricity Board & Ors.

DATE OF JUDGMENT: 06/03/2003

BENCH: S. Rajendra Babu, D.M. Dharmadhikari & G.P. Mathur.

JUDGMENT: JUDGMENT (With C.A. No.8395 of 2002)

G.P.Mathur, J.

These appeals are directed against the judgment and order dated 18.4.2000 of a Division Bench of Patna High Court, by which the Writ Petition preferred by M/s J.M.D. Alloys Ltd. was partly allowed and the Bihar State Electricity Board was directed to serve a fresh bill as per the observations made in the judgment and to restore the electricity connection within two days of the payment of the said bill.

M/s J.M.D. Alloys Ltd. (hereinafter referred to as the petitioner) has a high tension industrial connection of electricity for running induction furnaces for manufacturing steel ingots. The officials of the Bihar State Electricity Board (hereinafter referred to as "the electricity board") inspected the petitioner's factory premises on 26th and 27th August, 1999 and found that the seal fixed on CT/PT box was tampered. An FIR was lodged at the concerned police station on 27.8.1999 alleging that the petitioner had committed theft of 6.96 lakh units and had thereby caused a loss of Rs.2.58 crores to the Electricity Board. The Electricity Board thereafter issued a bill dated 31.8.1999 for Rs.8,85,77,131/-. This bill was challenged by the petitioner by filing CWJC No. 8939 of 1999 before the High Court. The learned Single Judge, who heard the...

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