Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity-Electric supply-To a company |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity - Electric supply - To a company - Consumer-Company using the supply for its factory as well as residential colonies - Under terms of supply agreement, there could not be termination of agreement before the end of two years - In view of closure of its factory, company requesting discontinuance of supply - After expiry of two years, no such request made - After closure of factory, the supply used for residential colonies - Bill raised by Electricity Board - Liability of the Company - Held: Company having consumed the electric supply, was liable to pay the bill - It cannot escape liability for electricity consumed in residential colonies since it failed to stop supply to residential colonies and also failed in taking steps for separate domestic connections for residential colonies.Appellant-Company had taken connection for electric supply from respondent-Electricity Board. The Company used to feed electricity to its residential colonies from that connection. Appellant decided to close down its unit and in that view made repeated requests to the respondent-Board to discontinue permanently the electric supply and to provide separate domestic connection to residential colonies. Thereafter, permanent closure of the company was affected. Since the date of closure, Company was not using any electric power for its factory, but the same was being given to the residential colonies. Respondent-Board raised a bill demanding an amount which included electric supply to the factory, to the residential quarters, surcharge and penalty etc. Appellant objected to the Bill. Sub-Divisional Magistrate directed lessee of the factory to deposit 50% of the rent amount with Government, as the amount due was a Government due. Appellant filed a Writ Petition against the order. High Court dismissed the same, holding that appellant was liable to pay the bill as it was enjoying the power supply. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1237 |
Petitioner | Modi Tele Fibres Ltd. |
Respondent | U.p. State Electricity Board & Ors. |
SCR | [2007] 12 S.C.R. 1036 |
Judgement Date | 2007-12-06 |
Case Number | 5976 |
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