1. Heard Ms. Bhaya, learned advocate for the petitioner and Mr. Prachchhak, learned advocate for the respondent.
2. The petitioner has prayed for below mentioned relief/s:-
"9(A)..........
(B) To issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the judgment and order dated 30.8.2011 passed by the Chief Electrical Inspector and Authority, Gandhinagar vide order No. CEI/T2/17776 and confirm the bill for Rs.28,30,582.96 ps. issued by the petitioner.
(C)..............
(D).............
(E).............
(F)............"
3. The petitioner has, challenged the order dated 30.8.2011 passed by the Appellate Authority in Appeal preferred by respondent.
4. So far as the factual background is concerned, it appears that the petitioner Electricity Company issued supplementary bill by invoking provision under Section 126 of the Electricity Act, 2003 (hereinafter referred to as the "Act") and demanded HC-NIC Page 1 of 5 Created On Thu Jun 08 01:44:42 IST 2017 SCA/16968/2011 2 ORDER payment in the sum of Rs.28,30,582.96 ps. Subsequently final assessment order for the same amount was passed on 27.8.2010 by the petitioner electricity company. 4.1. Aggrieved by the said order the respondent No.1 herein preferred appeal before the Chief Electrical Inspector i.e. Appellate Authority (respondent No.2 herein). 4.2 At the time of preferring Appeal before respondent No.2, respondent No.1 herein deposited 50% of the amount determined vide final assessment order dated 27.8.2010. Accordingly the respondent No.1 have deposited a sum of Rs.14,15,300.00.
4.3 The aforesaid aspect becomes clear from the order dated 30.8.2011 passed by respondent No.2, which is impugned in present petition. The appellate authority has observed and recorded that:-
"Accordingly on 27-08-2010 final assessment order issued to petitioner amounting Rs.2830582.92 i.e. original bill kept as it is.
Fifty percent amount of said bill i.e. Rs.,1415300.00 paid by the petitioner vide M.R. no. 016030 on 27-09-2010 and approach to the Appellate Authority. The Petitioner has paid legal fees of Rs.2500.00 vide DD No.329579 Dated 29/09/2010. The petitioner has filed appeal before appellate authority vide letter dated 27/09/2010. "
4.4 By impugned order dated 30.8.2011 the respondent No. 2 Appellate Authority has directed the petitioner electricity company to revise the supplementary bill in accordance with direction issued under the said order dated HC-NIC Page 2 of 5 Created On Thu Jun 08 01:44:42 IST 2017 SCA/16968/2011 3 ORDER 30.8.2011 and to refund excess amount to the respondent No.1.
5. During the hearing the petitioner company was asked to place on record, without prejudice to its contention, a statement reflecting calculation as per the order of the appellate authority so that it may become clear as to how much amount is required to be refunded by the petitioner to respondent No.1 according to the appellate authority's order.
6. The petitioner electricity company has, placed on record a statement and the calculation as per the appellate authority's order under affidavit dated 6.8.2012. According to the said calculation, if the appellate authority's order is to be implemented then petitioner electricity company will have to refund the amount as under:-
Rs.14,15,300.00 Deposited by the respondent No.1 before the appellate authority.
- Rs. 7,29,957.93 The amount of revised supplementary bill as per the appellate authority's order.
the petitioner company is obliged to refund Rs. 6,85,342.07 to the respondent No.1.
7. Aggrieved by the said order petitioner has preferred HC-NIC Page 3 of 5 Created On Thu Jun 08 01:44:42 IST 2017 SCA/16968/2011 4 ORDER present petition.
7.1 The order is challenged on diverse grounds raised in the petition.
8. Mr. Prachchhak, learned advocate for the respondent No.1 has resisted the petition by filing reply affidavit.
9. Thus, as of now the appellate authority's decision is in favour of the respondent No. 1 and the petitioner company is, according to the said order, required to refund Rs. 6,85,342.07 to the respondent No.1.
10. Having regard to the submissions made by the learned advocate for the petitioner and the ground raised in the petition below mentioned order is passed:-
Rule.
Ad-interim relief granted earlier is confirmed on the condition that if the petitioner fails in the petition then it shall refund the amount with interest at 9 % p.a. and will continue until final hearing or until any other or further order is passed. In the meanwhile the petitioner company will not take any action against respondent to recover any amount.
So far as the petitioner's obligation to refund the amount to the respondent, according to the appellate authority's HC-NIC Page 4 of 5 Created On Thu Jun 08 01:44:42 IST 2017 SCA/16968/2011 5 ORDER order is concerned, the said direction shall remain stayed on the condition that if the petitioner fails in the petition, the said amount will be returned / refunded by the petitioner with interest @ 9% p.a. (K.M.THAKER,J.) Suresh* HC-NIC Page 5 of 5 Created On Thu Jun 08 01:44:42 IST 2017