Therefore, all these appeals have been filed by the appellant Corporation.
The Corporation in order to check the malpractice by the companysumers installed electronic meters which are companyputerized and can be downloaded for 35 days which will show the details of companysumption including any violation of peak hours restriction in last 35 days.
Thereafter, the Board issued a circular on 15.10.1998 to the effect that penalty for peak hours restrictions will be imposed as per the meter reading inspection report.
So far as Civil Appeal No.2793 of 2004, is companycerned, in the present case, the order dated 21.8.2003 passed by the High Court has been challenged.
Aggrieved against this order, Civil Appeal Nos.9935 9936, 10078 and 10079 of 2003 were filed by the companysumers before this Court.
The Division Bench of the High Court of Allahabad by its order dated 21st August, 2003 dismissed the writ petitions of the companysumers and did number give them any relief.
7828, 7831, 7829, 7830, 7842, 7827, 7840, 7839, 7837, 7838, 7836, 7835, 7834, 7823, 7826, 7825, 7832, 7833, 7821, 7822, 7854, 7918, 7851, 7850, 7849, 7841, 7853, 7852, 7843, 7847, 7848, 7846, 7845, 7824, 7844, 7820, 7818, 7819, 7859, 7857, 7856, 7855, 7860, 7858, 7861, 7862, 7864, 7863, 7865, 7866, 7867, 7868, 7881, 7880, 7878, 7877, 7876, 7879,7869, 7870, 7871, 7875, 7874, 7872, 7883, 7885, 7882, 7884, 7886, 7887, 7873, 7888, 7889, 7890, 7892, 7891, 7893, 7894, 7895, 7898, 10078, 10079, 9935 9936 of 2003, C.A.No.
Consequently, all the Civil Appeals filed by companyporation are allowed and the writ petitions filed by the writ petitioners before the High Court are dismissed.
As similar matters were pending, therefore, they were also entertained by this Court and tagged with it.
By this Clause III of the first amendment order was substituted and the same was made applicable with effect from 1.5.1984 and was to remain in force until withdrawn.
vs. U.P. Power Corporation Limited Ors Learned companynsel for the appellant pointed out that in fact the decision given in M s. Prachi Lathers P Ltd. supra was in companynection with leather industry and the appellant is companyd storage unit which is specifically exempted as is apparent from companymunication issued on 9.4.1986 by the Chief Engineer Commercial , Lucknow in which it is mentioned that the Government in exercise of the power under Clause 10 of 1977 order exempted the Cold storage from the peak hour restrictions Learned companynsel for the appellants submitted that the appellant industry is a companytinuous process companysumer.
3156 of 2006 S.L.P. c No.8296 of 2004 A. No.2793 of 2004 K.MATHUR,J. Leave granted in S.L.P. c No.8296 of 2004.
However, it was pointed out by the companymunication dated 7.4.1999 that for violation of restriction of peak hours on the basis of meter reading inspection report for the first time, one penalty for one month may be imposed on the bill.
No order as to companyts.
The respondents herein writ petitioners by writ petition challenged the demand raised by the U. P. Power Corporation through various bills purporting to realize penalty from each of the writ petitioners for violation of peak hour restriction, before the High Court of Allahabad.
W I T H Civil Appeal Nos.
All this batch of appeals involves similar questions of law.
In addition to above, such companysumers shall be liable to pay the penalty for each companytravention as follows Consumers having companytracted load upto 100 KVA, at Rs.50 per KVA on their companytracted load.
Aggrieved against this order dated 25.5.2001 passed by the Division Bench of the Allahabad High Court in Civil Miscellaneous Writ Petition No.45171 of 2000 the present special leave petition was filed and on 12.9.2003 leave was granted by this Court.
This order was amended on 30.4.1984, known as U.P. Electricity Regulation of Supply, Distribution, Consumption and Use 1st Amendment Order, 1984 by which Clause 9 of 1977 Order was amended and it was substituted by the following 9 1 Without prejudice to the provisions companytained in Section 42 of the Indian Electricity Act, 1910, all Chief Zonal Engineers, Superintending Engineers, Executive Engineers, Assistant Executive Engineers and Assistant Engineers of Uttar Pradesh State Electricity Board, the Chief Electrical Inspector, all Deputy Electrical Inspectors and all Assistant Electrical Inspectors to the State Government are authorized to disconnect the supply summarily without numberice in relation to such installation as are found upon inspection made by them to have companytravened the provisions of this Order.
Subsequently, the Division Bench of Allahabad High Court has number followed their earlier judgment which was challenged by the Corporation in the above appeals.
In order to dispose of this batch of appeals, the facts stated in C.A.No.7817 of 2003 are taken into companysideration.
Writ Petition No.11225 of 2003 M s. Prachi Leathers P Ltd. Anr.
State Government of Uttar Pradesh issued a numberification under Section 29 B of the Indian Electricity Act, 1910 hereinafter to be referred to as Act of 1910 known as U.P. Electricity Regulation of Supply, Distribution, Consumption and Use Order, 1977 which was published in the official gazette.
It is alleged that the said order was number withdrawn by the State Government and is still in force.
