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2003 Supreme(HP) 40

High Court Of Himachal Pradesh
V.K.GUPTA
H.P.S.E.B. - Appellant
Versus
PASHUPATI SPINING MILLS LTD. - Respondent
C.M.P.M.O. No. 3 of 2001 with CMPMOS No. 1and 2 of 2001
Decided On : 03/14/2003

Advocates Appeared:
Mr. Kuldip Singh, Sr. Advocate with Mr. Bimal Gupta, for the Petitioner; Mr. K.D. Sood/ Advocate, for the Respondent.

The trial Court's handling of the case was disapproved, and the Court directed the trial Court to address jurisdictional issues as preliminary issues.

Headnote:

Electricity Dispute - Himachal Pradesh State Electricity Board - Section 9 of the Code of Civil Procedure - Section 7(iv)(c) of the Court Fees Act

Fact of the Case:

The respondent, a consumer of electricity, filed suits for injunction against the Himachal Pradesh State Electricity Board. The trial Court referred the parties to a Zonal Level Committee for conciliation. The Committee decided in favor of the petitioners, but the trial Court did not vacate the interim injunction despite the Committee's findings.

Finding of the Court:

The trial Court's handling of the case was disapproved. The Court directed the trial Court to address jurisdictional issues and the form of the plaint as preliminary issues. The respondent was given four weeks to deposit the disputed amount, failing which the petitioners could take coercive steps for recovery and disconnect the electric supply.

Issues: Jurisdiction of the trial Court, form of the plaint, maintainability of the suits

Ratio Decidendi: The trial Court should have brought the suits to an end after referring the disputes to the Zonal Level Committee. The suits were not properly valued for the purposes of Court fee and jurisdiction. The trial Court's handling of the case was disapproved.

Final Decision: The petitions were allowed, and the trial Court was directed to address jurisdictional issues as preliminary issues. The respondent was given four weeks to deposit the disputed amount, failing which the petitioners could take coercive steps for recovery and disconnect the electric supply.

JUDGMENT

V.K. Gupta, C.J.—By this common judgment, I propose to dispose of the three petitions together, which had been filed under Article 227 of the Constitution of India. The respondent being a consumer of electricity from the petitioner Himachal Pradesh State Electricity Board had filed suits for injunction against the petitioners in the Court of Senior Sub Judge, Sirmaur District at Nahan, inter alia, for injunction and other connected reliefs. During the course of the pendency of the suit, on 15.12.1998 an order was passed by the learned Senior Sub Judge, whereby, based on the agreement of the parties, the parties were referred for conciliation proceedings before the Zonal Level Committee constituted by the Himachal Pradesh State Electricity Board for settlement of all disputes between themselves with respect to the peak hour load violation charges. The relevant extract of the order dated 15.12.1998 has been reproduced in paragraph 3 of the petition, which reads thus : "During the course of arguments, efforts were made for settlement between the parties in conciliation. It has been agreed by both the sides during conciliation proceedings that the matter may be referred to dispute settlement Zonal Level Committee, constituted by Himachal Pradesh State Electricity Board, for settlement of all disputes regarding payment of bills between the consumers and the H.P.S.E.B. As the parties have shown their intentions to settle their disputes amicably in conciliation before the above referred committee, therefore, the matter is referred to the said committee. The Committee will look after the entire matter in controversy between both the parties after affording due opportunities of being heard to both the parties and thereafter to submit their decision to this Court within six months after the receipt of entire record of the reference after holding first sitting of the Committee. Photo copies of the entire record of the case be sent to the office of the Zonal Level Committee immediately alongwith a copy of this order. The petitioner undertakes to bear the expenses for preparing photostat copies of the entire record. Civil Ahlmad is directed to do the needful with the assistance of the petitioner within a weeks time. The interim order dated 4.7.1998 issued shall remain in force till the Zonal Committee submits its report. The file be now put up for consideration after the receipt of the report of the Disputes Settlement Zonal Committee, HPSEB. In the meantime, the files may be consigned to the records and will be revived on the application of the parties if so desired after the receipt of the report of the Committee if the matter is not finally settled amicably.”

2. While referring the parties to the Zonal Level Committee, the learned trial Court ordered that the interim injunction issued earlier would remain in force and operative till the Zonal Level Committee submitted its report. It is undisputed case of the parties that the Zonal Level Committee decided the dispute between the parties in favour of the petitioners and against the respondent. After the Committee had decided the issue in favour of the petitioners, they filed an application before the trial Court for vacation of the earlier interim order, but the petitioners grievance is that neither the trial Court has been disposing of the suits so far, nor has it vacated the earlier interim injunction despite the clear findings by the Committee against the respondent.

3. I have seen the issues framed by the trial Court and find that issues relating to the jurisdiction of the trial Court, framing of the suit in a particular form and the maintainability of the suit, have been raised by the trial Court but, unfortunately the trial Court has not decided these issues so far despite the fact that these issues go to the very jurisdiction of the trial Court as well as at the very root of the question relating to the maintainability of the suits between the parties. Few things do strike m







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