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1997 Supreme(SC) 478

K.RAMASWAMY, G.B.PATTANAIK
Punjab State Electricity Board – Appellant
Versus
Ashwani Kumar – Respondent


ORDER

Leave granted. We have heard learned counsel on both sides.

2. The appeal by special leave arises from the judgment of the Punjab & Haryana High Court, made on December 9, 1992 in R.S.A. No. 1865 of 1991. The appellant-Board had given connection of supply of electrical energy to the respondent on January 16, 1983, Since the meter installed suspected to have been tampered with was removed on May 8, 1984. On an application made by the respondent, a new meter was installed on May 9, 1984. On March 18, 1985 Bill No. 44 for Rs. 1,90,498.79 for the period December 1983 to January 16, 1985 was sent to the respondent. Feeling aggrieved, the respondent filed the Civil Suit No. 85 of 1985 on March 25, 1985 for permanent injunction, restraining the Board or its Officers from collecting and recovering the amount from the respondent. The Sub-Judge on September 16, 1987 granted the decree. On appeal, it was confirmed and the second appeal has been dismissed. Thus, this appeal by special leave petition.

3. On July 19, 1996 when the matter came up for hearing, the Court passed an order observing that Section 4, Instruction 115(1)(b) of the sales mannual which is placed on record, indicates the



























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