High Court Of Calcutta
ARUN KUMAR DUTTA
ASSISTANT ENGINEER, NABADWIP GROUP ELECTRIC SUPPLY - Appellant
Versus
PRADIP CHANDRA ROY - Respondent
C. O. 2359 Of 1995
Decided On : 01/15/1997
ELECTRICITY ACT - DISCONNECTION OF ELECTRICITY - NOTICE - SECTION 79 (J) - CONDITION 20 (B) - NO PRIOR NOTICE REQUIRED FOR DISCONNECTION IN CASE OF THEFT/PILFERAGE OF ELECTRICITY.
Fact of the Case:
The Plaintiff filed a suit seeking a mandatory injunction directing the defendants to restore electricity connection to his premises. The Plaintiff claimed that the defendants had disconnected the electricity without any prior notice. The defendants contended that the disconnection was justified as the Plaintiff was found to be stealing electricity.
Finding of the Court:
The court held that the defendants were justified in disconnecting the electricity without prior notice as the Plaintiff was found to be stealing electricity. The court relied on condition 20 (b) of the General Conditions of Supply framed by the Board, which allows the Board to disconnect electricity forthwith without any notice in case of theft/pilferage of electricity.
Issues: Whether prior notice is required for disconnection of electricity in case of theft/pilferage of electricity.
Ratio Decidendi: The court held that condition 20 (b) of the General Conditions of Supply framed by the Board is valid and enforceable. The court also held that the Supreme Court decision in Municipal Corporation of Delhi v. M/s. Ajanta Iron and Steel Co. (Pvt.) Ltd. , AIR 1990 SC 882, which held that prior notice is required for disconnection of electricity, is not applicable in the instant case as the agreement between the parties specifically provides that no prior notice is required in case of theft/pilferage of electricity.
Final Decision: The court allowed the revision application and set aside the order of the lower court directing the defendants to restore electricity connection to the Plaintiff's premises. However, the court directed the defendants to restore electricity connection to the Plaintiff's premises on his depositing the sum of Rs. 25,000/- with the defendant No. 2.
( 1 ) THIS Revisional Application under Article 227 of the Constitution of India is directed by the Petitioners-Defendants (hereinafter referred as Defendant) against the Judgment and Order dated 25th August, 1995 passed by the Additional District Judge First Court, Nadia, in C. R. No. 56 of 1995 before him, for the reasons stated and on the grounds made out therein. The Ld. Addl. District Judge by his aforesaid impugned Order had rejected the revisional application filed by the defendants before him against the Orders dated 23/6/95 passed by the Ld. Munsif at Nabadwip in Title Suit No. 77 of 1995 and had directed the defendants to restore electric connection in the suit premises immediately in terms thereof for the reasons recorded therein.
( 2 ) THE Respondent/ Plaintiff (hereinafter referred to as Plaintiff) had filed the relevant Suit before the Ld. Munsif praying, inter-alia, for a decree for mandatory injunction directing the defendants to remove all obstruction in the enjoyment of electricity in the normal course by re-connecting the electric connection in respect of the relevant Meter on the pleas taken in the Plaint, contending, interalia that he (Plaintiff) runs a Restaurant named and stayled as "happy Relax" at the premises in Question and has consuming electricity from Meter No. 1486 under Consumer No. 201047 on payment of regular charges without any complaint from the defendants. On May 24, 1995 at about 5-30 p. m. the defendant No. 1, alongwith 3/4 Office Staff had come to read the Meter. But they having been requested to wait for some time due to rush of customers at that time had taken exception for waiting for 15 minutes and had thus disconnected electricity after reading the Meter. The electricity had not been restored despite requests. The Plaintiff had thus instituted the relevant Suit and had filed an application for temporary mandatory injunction therein in aid of the prayer for permanent mandatory in-junction prayed for in the Suit. The Plaintiff had also filed another application under Section 151 of the Code of Civil Procedure (hereinafter referred to as Code) praying or issue of interim injunction directing the defendants to restore electricity for the relevant Meter in terms thereof.
( 3 ) THE Ld. Munisif passing two separate Orders on 23-6-1995 had dismissed the Plaintiff's first application for temporary mandatory injunction under Order 39, Rule 1 and 2, read with Section 151 of the Code but had allowed his second application under Section 151 of the Code for issue of interim mandatory injunction, as sought for. Aggrieved by the aforesaid two Orders passed by the Ld. Munsif the defend ants had moved the Ld. District Judge in revision thereagainst under Section 115a of the Code. The Ld. Additional District Judge by his impugned order dated 25th August, 1995 had rejected the revisional application filed by the Defendants and had directed them to restore electric connection in the disputed premises through the relevant Meter immediately in terms thereof for the reasons recorded therein.
( 4 ) AGGRIEVED by the aforesaid impugned Order passed by the Lt. Additional Judge concerned (thereinafter referred to as Judge), the defendants have moved this Court under Article 227 of the Constitution of India thereagainst for the reasons stated and on the grounds made out therein.
( 5 ) UPON hearing the submissions of the Ld. Advocates for both side at length and perusal of the materials on record I find that the Courts below had allowed the Plaintiff's relevant application under Section 151 of the Code by directing the defendants to restore electric connection in the disputed premises through the relevant Meter immediately in terms of the relevant Orders passed by them holding them that a prior notice of disconnection was prerequisite for disconnection of electricity through the Plaintiff's relevant Meter relying upon the decision of the Supreme Court in Municipal Corporation of Delhi v.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.