Mr. Rakesh Kumar Jain, J.: - The defendants are in appeal against the judgment and decree of both the Courts below.

2. The suit of the plaintiff was partly decreed by the trial Court, declaring the assessment order dated 30.4.2008 raising the demand of Rs. 91,583/- as illegal and the defendants were directed to refund the said amount of penalty deposited by the plaintiffs, under protest on 1.5.2008. However, the remaining relief sought by the plaintiff was declined. The lower Appellate Court dismissed the appeal of the defendants.

3. Learned counsel for the appellants has filed this appeal along with an application for condonation of delay of 71 days.

4. Learned counsel for the appellants has submitted that the Civil Court has no jurisdiction to try the suit under Section 145 of the Electricity Act, 2003.

5. This aspect has been dealt with thread bare by the Courts below rejecting his contention on the ground that the procedure involving principal of natural justice much less affording an opportunity of hearing was not followed by the defendants and thus the suit has been rightly entertained by the Civil Court.

6. I do not find any error in the judgment and decree of the Courts below and as such the present appeal has been found to be without any merit. Consequently, the appeal and the application for condonation of delay are dismissed.

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