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Surya Towers vs Kerala State Electricity Board on 19 July, 2007

Kerala High Court
Surya Towers vs Kerala State Electricity Board on 19 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4142 of 2004(R)


1. SURYA TOWERS, RAILWAY STATION JUNCTION,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE DEPUTY CHIEF ENGINEER,

3. THE SPECIAL OFFICER REVENUE,

4. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.KKM.SHERIF

                For Respondent  :SRI.T.G.RAJENDRAN SC FOR K.S.E.B.

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :19/07/2007

 O R D E R
                       KURIAN JOSEPH, J.
               ---------------------------------------
                  W.P. (C). NO. 4142 OF 2004
               ---------------------------------------
             Dated this the 19th day of July, 2007.


                          J U D G M E N T

Petitioner is aggrieved since interest for part of the month

has been taken as interest for one month. Taking note of the

fact that the electricity that is supplied is supply in advance, it is

only just that such rigorous conditions are imposed, as held by

the Supreme Court in several decisions.

2. However, it is seen that the petitioner has been

demanded two months interest though the delay is actually for

less than a month. Apparently it is on the technical ground that

the payment is made in the succeeding month. If the delay is

below one month’s duration, there is no justification in levying

interest for two months for the only reason that the demand falls

in one month and delayed remittance is in the succeeding month.

Such an interpretation is not warranted under Regulation 32(e) of

the Conditions of Supply of Electrical Energy.

W.P. (C). 4142/04 2

I quash Exhibit P6 and other similar bills issued to the

petitioner with a direction to the third respondent to recalculate

the interest in the light of the judgment and make appropriate

adjustments in the future bills, within a period of three months.

KURIAN JOSEPH, JUDGE.

smp

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