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2006 Supreme(Bom) 1406

A.H.JOSHI
MAHARASHTRA STATE ELECTRICITY BOARD, KHAMGAON – Appellant
Versus
SUREKA INDUSTRIES, KHAMGAON – Respondent


Advocates Appeared:
R. E. Moharir - Appellants.
P. C. Madkholkar - Respondent.

JUDGMENT

At the first hearing on 29-11-2002 this Court has noticed the respondent that this appeal shall be decided at the admission stage since the only question which is to be decided is as to whether costs which are awarded are excessive or not.

Appeal is admitted, and by dispensing Paper Book, the appeal is heard finally by consent of parties.

Appellants herein who are original defendants are challenging the exemplary cost of Rs. 25,000/- levied on them to be paid to the respondents (Original plaintiff) by judgment and decree dated 30-3-2001, passed by Civil Judge, Senior Division, Khamgaon, in Special Civil Suit No. 75/1995.

The respondent is a proprietary concern doing the business of Oil Mill and who is a consumer of the appellant M.S.E.B. The controversy in this matter arose when the defendants issued a letter dated 19-10-1995 to the plaintiff for recovery of Rs. 2,80,650.97 on the ground that defendants have issued electricity bill to the plaintiffs taking into account a wrong multiplying factor, i.e., 1' instead of 2', for the consumption of electricity by plaintiff Oil Mill between December, 1993 to August, 1995. This discrepancy in the setting of wrong multiplying facto


















































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