IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 65 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2018 In R/SECOND APPEAL NO. 65 of 2024 ================================================================

GUJARAT ELECTRICITY BOARD, NOW DAKSHIN GUJARAT VIJ COMPANY LIMITED Versus FANCY SYNTHETICS YARN DYEING ================================================================

Appearance:

MR DIPAK R DAVE(1232) for the Appellant(s) No. 1 for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 25/01/2024

ORAL ORDER

ORDER IN SECOND APPEAL

1. Heard learned Advocate for the appellant Mr. Dipak R. Dave, who referring to the decision of the Hon’ble Apex Court in the case of Punjab State Electricity Board Patiala v. Ashwani Kumar reported in 1997 (5) SCC 120 submitted that the Suit before the Civil Court is barred as the remedy by way of Departmental Appeal is available and on the very said ground, the First Appeal was required to be allowed. It is further submitted that in the Suit, it was specifically urged that there was tampering of the meter and after Laboratory tests, the Bill was issued and any grievance to the Bill would be maintainable before the Internal Committee and the Departmental Appeal would decide the issues. It a also submitted that the Recovery Suit was rejected and the Suit filed by the consumer came to be allowed.

2. In view of the above, ADMIT.

3. The following substantial questions of law arise for consideration and determination :-

(i) Whether in a Suit filed by consumer against supplementary electricity bill issued under Condition 34 of the Conditions of Supply, Civil Court has jurisdiction to pass permanent injunction?

(ii) Whether suit of the plaintiff for declaration and permanent injunction against supplementary electricity bill issued for electricity theft could have been entertained by Civil Court?

(iii) Whether both the Courts are justified in overlooking experts evidence, lab Report and Condition 34 while substituting finding with regard to electricity theft?

(iv) Whether in a Suit filed by the Electricity Company for recovery of supplementary electricity bill issued under Condition 34 of the Conditions of Supply, defence of defendant-consumer could have been considered by civil Court in absence of any challenge to the bill by way of statutory appeal provided under Conditions of supply?

Sd/-

(GITA GOPI, J)

ORDER IN CIVIL APPLICATION

1. Heard learned Advocate for the applicant.

2. RULE returnable on MARCH 13, 2024. Relief in terms of Paragraph 4.(A) of the application is granted.

3. Direct Service is permitted.

Sd/-

(GITA GOPI, J)

CAROLINE