ASSISTANT EXECUTIVE Vs. ENNAR REFINERIES

JUDGEMENT

(1.) THIS second appeal is by the Karnataka electricity Board (now the K. P. T. C. L.) and the challenge is to the judgment of the lower appellate Court by which the suit of the plaintiff came to be decreed in respect of the relief of declaration and permanent injunction and thereby the judgment of the trial Court, which had dismissed the suit of the plaintiff on the ground of maintainability, was thus reversed. Hence, the appellants call in question the decision of the lower Appellate Court.

(2.) THE facts in brief are to the effect that the appellants-K. E. B. called upon the respondent-plaintiff to pay Rs. 41,397/- which is the difference of electricity charges worked out at normal rates following the 'b' phase L. T. wire being found cut. The plaintiff, aggrieved by the said demand made on it, moved the Civil Court for the relief of declaration and injunction, though initially the suit was one for the relief on injunction. The trial court dismissed the suit of the plaintiff mainly on the ground of the suit being not maintainable in view of the Regulations of the Electricity Board.

(3.) THE plaintiff appealed to the lower Appellate Court which allowed the appeal and set aside the judgment of the trial Court and also declared that the plaintiff is not liable to pay Rs. 41,397/- and the appellants were restrained from disconnecting the electricity supply to the meter THT-14 installed in the suit premises.