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2006 Supreme(P&H) 4533

VINOD K.SHARMA
Punjab State Electricity Board, Patiala – Appellant
Versus
Guru Nanak Agriculture Engineering Works – Respondent


Advocates Appeared:
For the Petitioner:Mr. M.S. Khaira, Sr. Advocate with Mr. Abinashi Singh, Advocate.

JUDGMENT

Vinod K. Sharma, J. (Oral) - Present revision petition has been filed against the orders passed by the Courts below vide which the temporary injunction has been granted in favour of the plaintiffs-respondents on their depositing 20% of the disputed amount within 7 days. The directions have been issued to the petitioners herein to restore electricity supply to both premises within two days from the date of deposit of the 20% of the disputed amount and also not to bill the tariff rate by clubbing the accounts till disposal of the suit. The rights of the petitioner-defendants have been protected by the learned Courts below by ordering as under :-

"In case, the suit of the plaintiffs will fail, the plaintiffs will pay the entire due amount to the defendant which would have been due in case the electricity connection would have been clubbed but have not been clubbed due to the stay along with interest at the rate of 12% per annum till payment."

2. The only contention of the learned Sr. counsel for the petitioners is that in view of the provisions of Section 145 of the Electricity Act, 2003 the Civil Court did not have the jurisdiction to entertain and try the suit and, therefore





















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