SCA/4875/2002 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4875 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = JAY MATA COLLOIDS PVT LTD - Petitioner(s) Versus DEPUTY ENGINEER (S & N) & 1 - Respondent(s) ========================================= = Appearance : MR AR GUPTA for Petitioner(s) : 1, MR NK MAJMUDAR for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2, ================================================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 12/12/2005 ORAL JUDGMENT 1.In this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the supplementary bill issued by the SCA/4875/2002 2/3 JUDGMENT respondent dated 21.1.2002 and the order dated 24.1.2002 by which the petitioner was directed to pay Rs.1,04,110-36 ps. towards the electricity consumption charges for the past period on the ground of slowness of meter. 2. Shri N.K.Majmudar, learned advocate appearing on behalf of the respondent No.1 has submitted that at the relevant time, the Gujarat Electricity Board did not send the meter to the Electrical Inspector as contemplated under Section 26(6) of the Electricity Act and even at the relevant time, the petitioner also did not request for referring the dispute to the Electrical Inspector and the impugned supplementary bill came to be issued on the basis of the audit objection. He has also further submitted that now there is already reference made to the Electrical Inspector at the instance of the petitioner and the final decision will be taken by the Electrical Inspector. 3.In view of the fact that now the reference is pending before the Electrical Inspector certainly till any appropriate final decision is taken by the Electrical Inspector, the respondents cannot insist for the SCA/4875/2002 3/3 JUDGMENT payment of supplementary bill on the ground of slowness of the meter. 4.Under the circumstances, till any appropriate final decision is taken by the Electrical Inspector in a reference at the instance of the petitioner, the respondents are restrained from recovering the amount pursuant to the supplementary bill challenged in the present Special Civil Application. It is reported that the petitioner has deposited 50% amount pursuant to the order passed by this Court dated 28.5.2002 if that is so, the same to be treated as a deposit with the Gujarat Electricity Board and will be adjusted subject to the ultimate outcome of the final decision that may be taken by the Electrical Inspector. 5.With these observations and direction, the present Special Civil Application is disposed of. Direct Service is permitted. (M.R.SHAH, J.) kdc.