432 el 6 Reqular Second ApPeal Nos 4380 of 2005 Reqular Second Appeal Noe 4381 of 2Q5 v Reqular Second Amoeal Noe 1799 of 2008 and Reqular Second ApPeal Noe 1800 of 2008 IN THE HIGH COURT FOR THE STATES OF PUNJAB S HARYANA AT CHANDIGARH re Date of Decisionl February 1 20110 t 1 fr Reclular Second Appeal Non 4380 of 2005 0 C0 I Punjab State Electricity Board and others aee Appellants 0 I VERSUS Z Mlsa Hemkunt Coid Storage Respondent 2 f Reqular Second Aploeal Noa 4381 of 2005 I CO Punjab State Electricity Board and others Appellants aee Z ri0 VERSUS W2 Z Mlse Jaid Cold Storage Respondent Reqular Second Appeal No 1799 of 2008 MlseJaid CoId Storage Appellant eee VERSUS unjab State Electricity Board and another Respondents Reoular SecondAoDeal Noe1800of 2008 46 41 . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 433 Il C9 4 Reqular Second Appeal Noe 4380 of 2005 Reqular Second ApDeal Noe 4381 of 20050 11 Reqular Second Aooeal Non 1799 of 2008 and ReciularSecond Apoeal Noe 1800 of 2008 Mlse Hemkunt Cold Storage Appellant VERSUS a C Punjab State Electricity Board and another Respondents 0 U I 40 CORAM HONBLE MROUSTICE MOHINDER PAL I 1e Whether Reportersof Local papers may be allowed to see Z the judgment7 2a To be referred to the Reporters or not7 2 3 Whether the judgmentshouid be reported in the Digest7 0 I Presentl Mr Sukhbir Singh Advocate for the PunjabState ElectrlcityBoard t3 appellant Itl RegularSecond Appeals NosA380 and Z 4381 of 2005 and respondentin RegularSecond AppealNos1799 and 1780 of 2008 QO 7 Mr SK SinglaAdvocate Z for MlsJaid Cold Storage appellant in RegularSecond AppealNo1799 of 2008 and Il respondentin RegularSecond AppealNo4381 of 2005 and for Mls Hernkunt ColdStorageappellantin RegularSecond AppealNo1800 of 2008 and respondentin RegularSecond AppealNoA380 of 2005 MOHINDER PALz 1n This judgment will dispose of the aforestated four appeals as the questioninvolved therein is common ie whether Eiectric Connection No MS and Electric Connectlon NoS are to be treated as clubbedor not . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 434 m3 Reqular Second Appeal Noe 4380 of 2005 Reqular Second ADoeal No 4381 of 2005 ReqularSecond Appeal Noa 1799 of 2008 and Reqular Second Aooeal Noe 1800 of 2008 PunjabState ElectrlcityBoard for short the Boardo whichhas filed RegularSecond AppealsNos4380 and 4381 of 2005 has claimed that both these electric connections have to be 1 treated as clubbed connections whereas in RegularSecond Appeals Nos 1799 and 1800 of 2008 filed by Mls Jald Cold Storage and 0 0 Mls Hemkunt Cold Storage respectively the claim made is that I C5 these two electric connections are separateUnits I RegularSecond Appeal NoA380 of 2005 has been filed Z by the Board against the judgment and decree passedby the Iower appellateCourt wherebythe judgment and decree passed C by the trial Court dismissingthe suit filed by MlsHemkunt Cold Storage plaintiff thereii was set aside and the suit filed by r Z Mls Hemkunt Cold Storage concerningthe electricity chargesirl 4t C respectof Electric Connection NoMS22 was decreede 7 RegularSecond Appeal NoA381 of 2005 has been fiied Z bythe Board against the judgment and decree passedby the Clm Iower appellateCourt wherebythe judgment and decree passed by the trial Court dismissingthe suit Oied by Mlsaid Cold Storage Plalntiff thereln was set aside and the sult filed by Mllaid Cold Storage concerning the electricity charges in respect of Eiectric Connection NoS23 was decreed RegularSecond Appeal No1799 of 2008 has been filed by Mls Jaid Cold Storage against the judgrnentsand decrees passedby both the Courts below where the suit filed by Mls a id Cold Storage concerning the electrlcity charges In respect of . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 435 1 m4e Reqular Second APJoeal Noe 4380 of 2005 Reqular Second Appeal Noe 4381 Of 2005 1 Reqular Second Aopeal Nom 1799 of 2008 and Reqular Second Appeal Noa 1800 of 2008 1C ElectricConnectlon NoMS23 was dismissed Regular Second Appeal No1800 of 2008 has been fiied by Mls Hemkunt Cold Storageagainstthe judgmentsand decrees passedby both the Courts below where the suit filed by Ct MlsHemkuntCold Storage concernlng the electrlclty charges lrl 0 C0 respectof Electric Connection NoMS22 was dismissed C5 I have heard Mr Sukhbir Singh Advocate appearingfor I the PunjabState ElectrlcityBoard appellant In RegularSecond Z AppealsNosA380 and 4381 of 2005 and respondentin Regular 2 SecondAppealNos1799and 1780 of 2008 and Mr SK Singla C Advocate appearing for Mls Jaid Cold Storage appellant Iil Regular Second AppealNo 1799 of 2008 and respondentin Regular Z SecondAppeaiNoA381 of 2005 and for Mls Hernkunt Cold 111 Storageappellantin RegularSecond AppealNo1800 of 2008 and 7 RegularSecond AppealNoA380 of 2005 and have Z gone throughthe records of the case tl At the outset it may be pointed out that the firms usuallyobtain more than one electric connection in the same premisesto avoid higher tariff In order to make the provision of lubbing the new connection in the same premises the Board had issued Commercial Clrcular No78195 vide Memorandum Noe918601926101SMI268dated 150901995 which for facilityof reference is reproducedas belowl ll Subject Runnlngeof more than one . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 436 8 4a Reqular Second APpeal Noe 4380 of 2005 Reciular Second Appeal Noe 4381 of 2005 5 Reqular Second Appeal Noa 1799 of 2008 and Reqular Second Aooeal Noe 1800 of 2008 connection in the same premises Si268 It has been observed and experienced that existing instructions 1 contained in SMI268 are not being 0 meticulouslyfollowed and new connecons 0 Ca in the same premisesare beinggiven Such I C5 vioiations of the instructions are being I pointedout repeatedlyby Accounts Audit as Z well as Technicai Audit Avoldance of higher 5t voltageIevel supply has been pointed out 0 by the audit as a resuit of giving more I than one connectlon ln the same premlses Z Instances have also been noticed where CO more than one connection has been given Itl e7 the same premisesto avoid highertariff Also Z instructions Issued Vide CC No32190 dated Cla 12690 for avolding circumvention of the instructions have not been very usefui Iil curblng the tendency for a new connection in a premises carved out of the existing one or by purchasing an adjoining Iand In order to make the provlslon of clubbingand new connection in the same premiseserrormproofit has been decided as underl . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 437 e6 Reqular Second Aopeal Noe 4380 of 2005 ReclularSecond Appeal Noe 4381 of 2005 1 Reqular Second Appeal Noa 1799 of 2008 and Reqular Second APoeal Noe 1800 of 20080 iI Where a ny person whether or not a member of the family partner director etc applies for a new connection in 1 the same premisesthis should be allowed C onlyif 0 0 al there isphysical separation I and C5 I b also where the premises Z Ill question are Iegally transferred sold or Ieased to be the new unit and appropriate entryexists in the municipalrecord regarding I such transfer This implles that there C3 Z shouId be a registered deed for Iease or Cll sale and formal agreement of family 7 partitionlIease etc should not be accepted Z ill xx XX XX 11 Il The firms in question ie Mls Jaid Cold Storage and Mls Hemkunt Cold Storage disputed the electrlcity bllls sent by the Board on the basis of LargeSupplyTariff after clubbingIoad of EIectric Connection No MS23 Instailed Ill the name of MlsJald Cold Storage and Electrlc Connection NoMSe22 Installedinthe name of Mls Hemkunt Cold Storagealleging that both these firms have no connection with each other The Board had earlier sent notices to both these firms to get Electric Connection NoMS22 and Electric . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 438 tJ C 4e Reqular Second Appeal Non 4380 of 20050 Reqular Second Aooeal No381 of 2005 11 ReclularSecond APPeal Noe 1799 of 2008 and Reqular Second Aopeal Noe 1800 of 20080 ConnectionNoSe23 clubbed but these Orms did not get the connectionsclubbed despitethe clear instructiOnsof the Board It maybe mentioned here that joint inspection of Electric ConnectionNoS22 and Eiectric Connection NoS23 was done l by the Director Enforcement PunjabState Electricity Board Bathinda 0 0 and SuperintendingEngineer Operation Circle Faridkot on I 0 281999 and the reportsubmitted by them reads as under I ll Subjectm Joint inspectlonAlc NoeMS Z 22 8 MS23 S LS3 by S ElOp Circle Faridkot and DirectorlEnfaBathinda on dated I 2811999 C Z There was a joint site inspection of oo subjectcited premisesunder Patto Hira Singh 7 subdlvn No separationwas found existing Z at site Hence the two connections be CJm treated as clubbed and chargedon LS tariff accordinglyThe site sketch is preparedat site per actuals Il as If Electric Connection NoSe22 and Electric Connection NoMSe23 are treated as havingbeen installed Itl separate un Medium Supply Tariff IS chargeabie and if these electric connections are treated as clubbed ones LargeSupplyTariff IS chargeable The report submltted by the Director Enforcement . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 9 439 1 2 1 Ve v08 Reqular Second Aopeal Non 4380 of 2005 Reqular Second Appeai Noe 4381 of 2005 t Reqular Second Apoeal Noe 1799 of 2008 and 1 Reqular Second Apeai Noa 1800 of 2008 PunjabState Electricity Board Bathlnda and Superintending Engineer Operation Circle Faridkot after having a joint inspection on 281999 of Electric Connection NoS22 and 1 Electric Connection NoMSe23 reproducedabove appears to be a falr report There was no rnalice on the part of hlghlyplaced 0 Cs officers of the Board towards Mls Hemkunt Cold Storageand I 45 MlsOaid Cold Storagewhich could have promptedthem to give a false report against them This reportof the higher officers of Z the Board is an authentic one and an impeccabie piece of 2 evidence belyingthe claim of Mls Hemkunt Cold Storageand Mls C Jaid CoId StorageeThis report submitted by the Director I Enforcement Punjab State Electricity Board Bathinda and Z SuperintendingEngineer OperationCircle Faridkot after having m a joint inspection on 28 l 1999 of EIectric Connection NoS22 7 and Electric Connection NoMSw23 in fact is the clinching factore Z However one cannot Iose sight of the fact that before releasing Electric Connection NoMS22 and Electric Connection NoMS23 some officials 1 officers of the Board must have Inspected the premises of MlsHemkunt Cold Storage and Mls Jaid Cold Storage and must have helped the partnersof these firms to get the necessary formalities required for the release of electric connections completed by conniving with them partners of these firms The Board is directed to identify those officers of the Board who had connived wlth the active partners of MlsHemkunt Cold Storage and MlsOaid CoId Storage to initiate . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 440 Le 9 W ReclularSecond Appeal Noe 4380 of 2005 ReclularSecond Apoeal Noe 4381 of 2005 t Reqular Second ApPeal Noe 1799 of 2008 and Reaular Second Appeal Noe 1800 of 2008 proceedingsagalnst them and to punishthem in accordance with the relevant provislons of the service Iaws applicableto the empioyeesof the Board 1 For the aforesaid reasons Regular Second Appeal NoA380 of 2005 and RegularSecond Appeal No 4381 of 2005 0 0 filed by the Board are allowed and the impugned judgments I C5 and decrees passed by the Iower appeliateCourt are set aside I and that of the trial Court are restored RegularSecond Appeal Z Noe1799 of 2008 Oled by MlsJaln Coid Storage and Regular 12 Second Appeal No 1800 of 2008 filed by Mls Hemkunt Cold C Storageare hereby dismissed being without any merit Decree I sheets be prepared However there shall be no order as to costs C3 Z The RegistryIS directed to place a copy of this judgment in 00 RegularSecond Appeal Noo 4381 of 2005 RegularSecond Appeal 7 No 1799 of 2008 and RegularSecond Appeai No 1800 of 2008 Z eache a 1 l PALI February I l 2011 JUDGE 1 ak 1 v e 1 l Slcry l eW . Rashmi 2012.07.19 16: 21 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document