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2002 Supreme(Guj) 245

A.M.KAPADIA
MARDIA CHEMICALS LIMITED – Appellant
Versus
GUJARAT ELECTRICITY BOARD – Respondent


Advocates Appeared: DEVESH A.BHATT, NIRAV KAUSHIKBHAI MAJMUDAR, S.N.Soparkar

A. M. KAPADIA, J.

( 1 ) IN this Appeal from Order which is filed under Order 43 Rule 1 (r) of the Code of Civil Procedure (the Code for short), appellant - Mardia Chemicals Limited a company registered under the provisions of the Companies Act, 1956 (the Companies Act for short) seeks to challenge the order dated March 20, 2002 recorded below application Ex. 5 of Special Civil Suit No. 18 of 2002 by the learned 2nd Joint Civil Judge (S. D. ). , Surendranagar by which application Ex. 5 seeking ad-interim injunction under the provisions of Order 39 Rule 1 and 2 of the Code filed by the appellant against the respondent - Gujarat Electricity Board (geb for short) - for restraining them from disconnecting the power connections bearing Consumer Nos. 17435 and 17447 in the Caustic Chlorine Plant of the appellant company situated in a backward area of Sayala Taluka of Surendranagar District, till disposal of the suit, came to be rejected.

( 2 ) APPELLANT is the original plaintiff whereas respondents are the original defendants and for the sake of convenience and brevity they are referred to in this judgment as plaintiff and defendants.

( 3 ) IN the peculiar facts and circumstances of the ca





























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