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1976 Supreme(Pat) 87

B.D.SINGH
Bihar State Electricity Board – Appellant
Versus
Jawahar Lal – Respondent


Judgment

1. This application under Sec.115 of the Code of Civil Procedure (hereinafter referred to as `the Code) by the Bihar State Electricity Board and the Patna Electric Supply Undertaking through its Resident Engineer, is directed against an order of the learned Additional Subordinate Judge passed by him in appeal granting injunction restraining the defendant-petitioners from realising electrical charges according to revised tariff rates.

2. The plaintiffs-opposite party instituted Title Suit No. 124 of 1975 in representative capacity on behalf of other consumers of Patna within the limits of the Patna Municipal Corporation under Order 1, Rule 8 of the Code for declaration that the tariff dated the 25th July, 1975, notified by defendant-petitioner No. 1 and enforced from the 15th July, 1975 is illegal, ultra vires, unconstitutional, arbitrary, against public policy and the principle of natural justice and equity and for permanent injunction restraining the Bihar State Electricity Board and the Patna Electric Supply Undertaking, defendant-petitioners Nos. 1 and 2 respectively, and their employees from realising charges at enhanced rates for consumption of electrical energy fixed
















































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