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1987 DIGILAW 346 (DEL)

RANUTRAL PRIVATE LIMITED v. DELHI ELECTRICITY SUPPLY UNDERTAKING

1987-09-11

C.L.CHAUDHRY

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( CLChaudhry ) , J.-This is a petition under Section 20 of the Arbitration Act, 1940 seeking a direction to the respondent to file the original agreement containing arbitration clause and for reference of the disputes alleged to have arisen between the parties. It is stated that the petitioner company is registered consumer on large industrial power tariff basis of the respondent. It has a sanctioned loan of 248 H. P. under H. T. connection. For securing this load the petitioner entered into an agreement with respondent No. 1 wherein all the terms and conditions have been incorporated. It is alleged that the petitioner has been making regular payments of the electricity bills received by it. It is also alleged that the petitioner are not misusing the electricity. It is further stated that respondent No. 1 despite protest by the petitioner started sending bills at the rate of Re. I. 00 per unit instead of tariff rate of 85 paise per unit on the ground that the electricity is being misused by the petitioner. The case of the petitioner is that the petitioner company has never misused the electricity. It is alleged that disputes have arisen between the parties which are covered by the arbitration clause, which reads as under :- "25. If any question or difference whatsoever arises between the parties to these presents or as to any clause or thing herein contained or the construction hereof or as to any matter in any way connected with or arising out of these presents or the operation with or arising hereof or the rights, duties or liabilities of either party in connection herewith, then unless the procedure for setting such a question or difference is laid down by the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 as the case may be or otherwise specifically by this agreement, in every such case the matter in difference shall be referred to arbitration and the provisions of the Arbitration Act, 1940 (Act X of 1940) thereof shall apply to any such arbitration. " ( 2 ) THE case of the petitioner is that they have paid excess amount what-ever is due to the respondent. ( 3 ) THE respondent was served but despite several opportunities, no reply was filed on behalf of the respondent. They are proceeded ex-parte. " ( 2 ) THE case of the petitioner is that they have paid excess amount what-ever is due to the respondent. ( 3 ) THE respondent was served but despite several opportunities, no reply was filed on behalf of the respondent. They are proceeded ex-parte. ( 4 ) IN my opinion, the disputes raised by the petitioner are covered by the arbitration clause. There is no reason why dispute should not be referred for arbitration. Accordingly the petition is allowed. The arbitration agreement is directed to be filed. The disputes mentioned in para 19 of the petition are referred for arbitration. Mr. Sanjay Kishan Kaul, Advocate is appointed Arbitrator for deciding the disputes. The fee of the Arbitrator is tentatively fixed at Rs. 2000. 00. The Arbitrator should give his award within four months Initially the fee of the Arbitrator should be paid by the petitioner. The petition is disposed of.