IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.08.2020 CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN S.A.No.1290 of 2007 D.Chanchaiah .. Appellant Vs.

The Tamil Nadu Electricity Board, Rep.by its Assistant Executive Engineer, CDEC/Central/O&M/T.Nagar, 41, Thanikachalam Road, T.Nagar, Chennai-600 017 .. Respondent PRAYER: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree passed in A.S.No.399 of 2005 dated 24.07.2007 on the file of the IV Additional Judge, City Civil Court, Chennai, confirming the judgment and decree in O.S.No.3157 of 1999 dated 11.02.2005 on the file of the VII Assistant Judge, City Civil Court, Chennai.

For Appellant : Mr.P.Subba Reddy For Respondent : Mr. V.Viswanathan

J U D G M E N T

(The case has been heard through video conference)

The suit is filed against the Electricity Board challenging the demand notice dated 15.04.1999 issued to the plaintiff's hotel for the alleged theft of energy.

2. It is contended by the plaintiff that a notice was issued by the Assistant Executive Engineer who is not the competent authority to issue the notice.

3. Whereas the suit resisted by the Electricity Board on the ground that during the first we