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2023 Supreme(Guj) 354

A. S. SUPEHIA, DIVYESH A. JOSHI
Gujarat Electricity Board Madhya Gujarat VIJ Company LTD – Appellant
Versus
Navyug Alloys Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Ms. Lilu K. Bhaya.
For the Defendants : Mr. Kuldeep D. Vaidya, Viral K. Shah.

JUDGMENT :

(A.S. Supehia, J.)

1. These first appeals emanate from the judgment and decree dated 01.04.2003 passed by the Civil Judge, Senior Division, Godhra in Special Civil Suit No.96 of 1998, by which the learned Judge has allowed the suit of the respondent-plaintiff.

2. The captioned First Appeal No.1295 of 2003 is filed by the original-defendant-GEB (Gujarat Electricity Board) (now Madhya Gujarat Vij Company Ltd. - MGVCL) for allowing the Special Civil Suit, whereas First Appeal No.2286 of 2003 is filed by the original plaintiff, to the extent of refusing to grant interest @ 18% on the deposit amount.

BRIEF FACTS:

3. The respondent herein installed Meter-A for obtaining a high-tension power for production of 1800 Degree Celsius temperature and, accordingly, an electricity supply was made to the respondent-plaintiff by the appellant-GEB. The respondent also got installed Meter-B for the purpose of usage of factory lights and Meter-C for the purpose of usage of the office lights.

4. A checking at the premises of the respondent was carried out on 28.11.1996 and it was found that the respondent has tempered with the installation of B-Phase and CT’s mains and load wire was shortened

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