( 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 case and in view of the stake of more than Rs. 85 crores of energy charges of the GEB involved in this Appeal from Order, with the consent of the learned advocates of the parties, the matter is heard at length at admission stage and decided by way of final hearing by this judgment.

( 4 ) BEFORE highlighting the controversy posed for determination in this Appeal from Order, it would be advantageous to refer to the facts of the plaintiffs case and the contentions raised in the written statement by the defendants, in a nut shell, which are as under:4. 1. THE plaintiff is a company registered under the provisions of the Companies Act whereas defendant No. 2 is a statutory body and defendant No. 1 is the Superintending Engineer of defendant No. 2 at Surendranagar. The plaintiff company has been allotted SC Consumer No. 17435 and 17447 for its Caustic Chlorine Plant estimated over 450 crores and the electric power is being consumed by the plaintiff company for the production of Caustic Soda, Chlorine and other chemicals in its plant. 4. 2. DEFENDANTS issued notice dated 16/11/1999 for disconnection of power supply to the plaintiff provided by the defendants. Aggrieved thereby and dissatisfied with the said action on the part of the defendants, the plaintiff had filed Revision Application before Gujarat Electricity Regulatory Commission (gerc for short) at Ahmedabad. The GERC was pleased to direct the defendants to reconnect the power supply on the condition of plaintiff paying Rs. 50 lacs within 7 days from the date of the order. Accordingly, vide covering letter dated 23/12/1999 plaintiff paid Rs. 50 lacs and requested the defendants to reconnect the power supply of CCP Unit Consumer No. 17447 against which the defendants had obtained stay order from this Court. Therefore, the plaintiff was required to approach the Gujarat Government and requested the Government and explained the situation. As a result of it, a meeting was held and thereafter the defendants agreed to reconnect the power supply to the installation No. 17447 of 35000 MVA and vide its letter dated 20/07/2000 informed the plaintiff that they are prepared to reconnect the power supply subject to the conditions as mentioned below: (I) That the plaintiff will pay Rs. 10 lacs every month towards past energy dues till formulation/sanction of rehabilitation scheme of BIFR, New Delhi; (II) The plaintiff will pay Rs. 1,000. 00 towards reconnection charges in the office of the Executive Engineer, Oandm Division, Gujarat Electricity Board, Surendranagar before reconnection of power supply; (III) As regards the current electricity bills after reconnection of supply, the plaintiff will arrange payments at interval of every 15 days without waiting for the issuance of monthly energy bills by the defendant. T