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2010 Supreme(P&H) 543

RAKESH KUMAR GARG
Dakshin Haryana Bijli Vitran Nigam Ltd – Appellant
Versus
Amarjit Singh Chadha – Respondent


Judgment

Rakesh Kumar Garg, J.

1. For the reasons mentioned in the application, delay of 121 days in refiling the present appeal is condoned. CM stands disposed of.

2. This is defendants second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondent for declaration with consequential relief of permanent injunction has been decreed with a further direction that the amount already deposited by him shall be adjusted in the future bills.

3. The brief facts of the plaintiffs case are that he owns a house bearing Municipal No.1271, situated at Sector, 15, Faridabad. In the aforesaid premises, the electric connection bearing No.15-DS-252 exists on the ground floor whereas electric connection bearing No.15-DS-1322 exists on the first floor. Both the electric connections are meant for domestic supply. The plaintiff has a residential accommodation on the ground floor and being a practicing lawyer has maintained his office on the first floor of the said house. The plaintiff was receiving the electricity bills in respect of both the electric connections from time to time and was making the payment as per consumption up to date. It was further all





















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