1. This appeal has been filed by the appellant (herein after referred to as “plaintiff”) against the order dated 12.2.2008 passed by the learned Single Judge of this Court whereby the suit of the plaintiff seeking a declaration that the bill for Rs.34,23,386/- issued by the defendants is false and illegal and also seeking consequential relief of permanent injunction against the defendant from disconnecting electricity supply to the plaintiff”s premises

i.e. Charitable Hospital “Arandhati Hospital” was dismissed.

.2. The plaintiff filed the suit CS (OS) No.278/2008 for declaration and permanent injunction before this Hon”ble Court with the following prayer : “a) pass a decree of declaration that the bill of Rs.34,23,386/- raised by the

.defendant against the plaintiff, is false and malafide, has been deliberately made highly exorbitant, is unjust and not recoverable or due to be paid by the plaintiff and further declaration declaring that the plaintiff is not guilty of theft of electricity and inspection report dated 16.06.2007 prepared by the inspection team of the defendant and the electricity bill above described and subsequent reports/speaking orders of defendant are illegal and void. b) pass a decree of permanent injunction in favour of the plaintiff and against the defendant from disconnecting the electricity of the plaintiff at the plaintiff”s charitable institution “Arandhati Hospital”, situated at RZ F-15, Satsang Road, Nihal Vihar, Nangloi-110041. c) ad interim temporary relief with immediate effect, restraining the defendant from disconnecting the supply of energy to the premises “Arandhati Hospital”, situated at RZ F-15, Satsang Road, Nihal Vihar, Nangloi, Delhi- 110041, without prior leave of this Hon”ble Court, on the exorbitant, erroneous bill raised by Defendant. d) the plaintiff is also liable to be paid an appropriate amount towards the costs of this litigation.”

3. The said suit alongwith the injunction application under Order XXXIX Rule 1 and 2 CPC was listed on 12th February, 2008 and after hearing the learned counsel for the parties, the learned Single Judge rejected the plaint on the ground that the suit is not maintainable under Order VII Rule 10 and 11 of CPC mainly on the reason that the concerned matter falls within the jurisdiction of assessing officer under Section 126 or and adjudicated officer appointed under the Act and on the ground that the subject matter of the present suit cannot be decided in view of Section 145 of the Electricity Act.

4. Brief factual matrix for deciding this appeal is that the plaintiff is the association of National Brotherhood for Social Welfare, a charitable organization being run under the presidentship of Dr. B.L. Kantroo. The association is running a charitable medical facility under the name and style of “Arandhati Hospital” at RZ F-15 Satsang Road, Nihal Vihar, Delhi-41

5. The plaintiff, inter alia, submits that it is a voluntary organization and is a consumer of the defendant having installed a 7 KW NX (Commercial) meter. It was alleged that the defendant illegally sought to implicate it for alleged unauthorized use/theft of electricity and sought to fasten huge liabilities.

.6. It was alleged by the plaintiff that on 16th June, 2007 in the absence of the plaintiff or any of his authorized representatives, the defendant carried out an inspection of the hospital and alleged that electric appliances of load of 51.546 KW were physically connected with BSES supply system. This conclusion was arrived at by taking into consideration each and every electric appliance found available at the hospital premises and some more electrical items exaggerated by the defendant in their list. The defendant further made out a case of direct theft against the plaintiff by alleging that two number of black colour wires were in use for tapping electricity from the BSES mains.

7. In the seizure memo prepared by the defendant, inspectors showed the following material