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2023 Supreme(Bom) 2076

U. J. PHALKE
Maharashtra State Electricity Distribution Company – Appellant
Versus
Kanchan – Respondent


Advocates appeared:
S.V.Purohit, Advocate, S.K.Kotwal, Advocate, Ashish Fule, Advocate

JUDGMENT/ORDER

1. The judgment and decree dtd. 28/8/2012 passed by learned Civil Judge Senior Division, Bhandara in Special Civil Suit No.29/2008 is under challenge in the present appeal.

2. The defendant Nos.1 to 3 / Maharashtra State Electricity Distribution Company Limited (MSEDCL) have preferred the appeal. Defendant No.4 is respondent No.2 and the plaintiff is respondent No.1 in the appeal.

3. The parties are hereinafter referred as per their original nomenclatures.

4. Brief facts necessary for disposal of the appeal are as under: The plaintiff is an Advocate practising at Bhandara and was also appointed as panel Advocate of the MSEDCL. Defendant No.4 was the Superintendent Engineer. As per contentions of the plaintiff, he had filed a Special Civil Suit for recovery of arrears of energy charges, as per instructions of the head office of defendant No.1 against defaulter namely M/s.Uniferro International Company Limited. The plaintiff was getting counsel 's fees as per scheduled rates declared by MSEDCL vide correction slip No.78 dtd. 5/7/1984 to GO2(S&S) dtd. 18/2/1965. Thus, as per contention of the plaintiff, he was entitled to get counsel 's fees according to the said circula

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