The balance of convenience and the adjudication of theft allegations influenced the court's decision in allowing the application for ad interim injunction and dismissing the appeal.

ARUN MONGA, J.

Petition herein is for quashing/setting aside impugned order dated 22.09.2020 (Annexure P-1) passed by learned Civil Judge (Senior Division), Charkhi Dadri, whereby application filed by plaintiff/respondent herein seeking ad interim injunction under Order XXXIX Rules 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 (for short ‘CPC’), was allowed; and impugned order dated 26.07.2022 (Annexure P-2) passed by learned Additional District Judge, Charkhi Dadri vide which appeal preferred by petitioner/defendants against aforesaid order, was dismissed.

2. Learned counsel for Petitioner/defendants would contend that respondent-plaintiff filed suit for mandatory injunction directing defendants to release electricity connection and install electric meter in the premises of plaintiff. He would contend that plaintiff filed an application seeking ad interim injunction under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, which was disposed of vide impugned order dated 22.09.2020 (Annexure P-1) directing petitioner/defendants to release new electricity connection. Aggrieved, defendants preferred an appeal against aforesaid order, which was dismissed vide order dated 26.07.2022 (Annexure P-2).

2.1. Learned counsel further contends that allowing application of plaintiff/respondent would amount to decreeing the suit itself and that no new connection can be released on defaulter’s premises. Plaintiff is not entitled for new electricity connection. In the premises in question, there was electricity connection in the name of one Ravinder s/o Shri Hari Ram, which was disconnected vide permanent disconnection order dated 21.01.2019 due to non-payment of outstanding amount of Rs.97,778/-.He would further submit that plaintiff/respondent vide application dated 21.01.2019 applied for new connection, which was rejected on 25.01.2019. Premises of plaintiff were raided by team of Vigilance and plaintiff was found indulging in theft of electricity. A complaint was lodged that there was theft of electricity and total outstanding amount was Rs.2,20,422/-.

3. I have heard learned counsel for petitioners and gone through the record.

4. Long and short of the controversy before this Court is that since respondent-plaintiff has committed theft of the electricity, he ought not to have been given benefit of the equitable orders passed by the Courts below qua restoration of the electricity supply. No doubt, arguments qua theft in abstract are admissible only when the theft has been proved by any competent Court below. Merely, registration of an FIR does not amount to any conclusive proof of the theft, as has been pleaded. In any case, orders passed by learned Courts below being interim in nature are subject to outcome of the trial, I find no grounds to interfere. Needless to say, electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an erring party are yet to be adjudicated. Therefore, balance of convenience, at this stage, is in favour of consumer and no irreparable loss would be caused as the outstanding dues, needless to say, will be recoverable from the consumer, in case the same are found admissible as per claim of petitioner-Nigam.

5. Apart therefrom, impugned order dated 26.07.2022 (Annexure P-2) passed by learned Additional District Judge, Charkhi Dadri is premised, inter alia, on the following reasoning:

“9. In present case, respondent/plaintiff has sought a declaration that demand of arrears amounting Rs.97,778/- is wrong & illegal and also sought an injunction directing appellants/defendants to release electricity connection to the premises of respondent provisionally. Admittedly, respondent has purchased some land in Rect. & Khasra No.143//1/1 in the name of his wife and has constructed house thereon. After that he applied for installation of a domestic electric connection in said premises and completed all usual formalities for installation of new electric connection. Earlie