The Gujarat High Court has dismissed the appeal filed by the electricity authority and affirmed the trial court’s decree cancelling the disputed electricity bills, observing that theft of energy was not established on the evidence produced.
The case arose from a judgment passed by the Additional Civil Judge (SD), Gondal, whereby the Trial Court had cancelled both the bills dated March 23, 1995, and May 05, 1995, and directed the refund of the deposited amount with interest. Aggrieved with the decision, the present appeal has been filed by the defendants.
Before this Court, the appellant canvassed that during the inspection the meter was checked and thereafter sent for laboratory testing, which mentioned tampering, justifying issuance of a supplementary bill. On the other side, the respondent supported the decree of the Trial Court, canvassing that the inspection report recorded no irregularity and that the laboratory testing report has also not been able to establish the indulgence.
Hearing the appeal, the bench of Justice Devan M. Desai noted that the inspection report did not record any illegality at the factory/site, with the relevant column marked negative. The Court further noted that while the laboratory report referred to the visibility of the green substance and the possibility of insertion of a plastic strip, no evidence was given to prove dishonest abstraction of electric energy.
Upon finding no satisfactory evidence and pleading explaining the recalculation of the bill, the court has dismissed the appeal and affirmed the judgment of the trial court, and the interim relief stood vacated with no order as to costs.
Appearances:
Advocate Lilu K. Bhaya for the Appellants
Advocate P.M. Lakhani and Advocate R.P. Lakhani for the Respondents
