In this long-pending second appeal regarding alleged energy theft, the High Court of Madras, finding the appeal filed four years ago, directed the appellant to deposit Rs.11,68,370/- to settle the dispute under a Board policy waiving surcharges.
Appellant directed to pay Rs.11,68,370/- within 60 days; second appeal disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2020
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
S.A.No.1290 of 2007
D.Chenchaiah .. Appellant/Plaintiff
Vs.
The Tamil Nadu Electricity Board, Rep.by its Assistant Executive Engineer, CDEC/Central/O&M/T.Nagar, 41, Thanikachalam Road, T.Nagar, Chennai-600 017 .. Respondent/Defendant
PRAYER: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree passed in A.S.No.399 of 2005 dated 24.07.2007 on the file of the IV Additional Judge, City Civil Court, Chennai, confirming the judgment and decree in O.S.No.3157 of 1999 dated 11.02.2005 on the file of the VII Assistant Judge, City Civil Court, Chennai.
For Appellant : Mr.P.Subba Reddy For Respondent : Mr. V.Viswanathan J U D G M E N T
(The case has been heard through video conference)
The suit is filed against the Electricity Board challenging the demand notice dated 15.04.1999 issued to the plaintiff's hotel for the alleged theft of energy.
was conducted. On receipt of the show cause notice the plaintiff participated in the enquiry conducted on 04.05.1999. Based on the enquiry report, the assessment notice was issued, which was challenged to be null and void in the suit just to delay the recovery proceedings.
from today failing which, it is open to the Board to proceed against the appellant to collect the assessment amount and BPSC charges as per law.
Sd/Assistant Registrar(CS-V)
//True copy//
Sub Assistant Registrar
rpl
To
1.The IV Additional Judge,
City Civil Court, Chennai.
2.The VII Assistant Judge,
City Civil Court, Chennai.
3.The Section Officer,
V.R. Section,
High Court, Madras. +2 Copies
+1cc to Mr.V.Viswanathan, Advocate SR.No.27659
+1cc to Mr.P.Subba Reddy, Advocate SR.No.27610
S.A.No.1290 of 2007
CA(CO)
GMY(30/04/2021)
1 issue framed by the court
Whether the appellant is directed to pay the balance assessment amount with a waiver of Belated Payment Surcharge to dispose of the long-pending second appeal.
D.Chenchaiah
The Tamil Nadu Electricity Board
Dr. Justice G.Jayachandrana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
