SUPER AUTO CENTRE Vs. BSES RAJDHANI POWER LTD.

JUDGEMENT

(1.) The present appeal preferred under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 2 nd February, 2011 in CS(OS) No. 298/2004.

(2.) The plaintiff/appellant (hereinafter referred to as "the appellant") initiated a civil action seeking for declaration and permanent injunction. The averments basically in the plaint are that the appellant is a registered consumer of the defendant, namely, BSES, Rajdhani Power Ltd. (hereinafter referred to as the "Defendant-respondent") in respect of electricity supplied through K. No. 009/0888987 installed at its petrol pump at Ring Road, Sriniwas Puri, New Delhi. On 11 th April, 2003, some officials of the respondent company came to the premises of the appellant and took notes about the machines and equipments installed there. As pleaded, on the basis of the inspection, certain irregularities were noticed and a proceeding for fraudulent abstraction of energy was initiated. Accordingly, a bill was issued on 17 th June, 2003. The appellant challenged the same in the writ petition forming the subject matter of WP(C) No. 4147/2003. The writ court by an order dated 27 th August, 2003 directed that the defendant-respondent shall afford an opportunity of personal hearing to the plaintiff/appellant and pass a speaking order. Thereafter, a speaking order came to be passed on 10 th September, 2003 whereby the objections raised by the appellant were rejected.

(3.) After the rejection of the same, the plaintiff/appellant filed the present suit assailing the speaking order and sought a declaration that the aforesaid order is null and void. Apart from the prayer for declaration, an injunction was sought as a consequential relief. It was stated that a re-inspection was carried out on 30 th December, 2003 and at that time the connected load was found to be 48.59 KW which was within the sanctioned load.