SANTOSHI LAL Vs. NORTH DELHI POWER LTD. (NDPL)

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal is to the impugned judgment and decree dated 3.1.2011 whereby the suit of the Appellant/Plaintiff for declaration and injunction was dismissed against the local power company by holding that the Appellant/Plaintiff was guilty of direct theft of electricity, on not one but two occasions i.e., on 23.2.2006 and on 25.2.2009.

(2.) WITH respect to the first report dated 23.2.2006, the Trial Court has noted the fact that the Appellant/Plaintiff in his cross examination himself admitted that he was stealing electricity by tapping the main lines. The relevant part of the impugned judgment in this regard is Para 20 which reads as under:

(3.) ADMITTEDLY , there is no challenge as laid down by the Appellant/Plaintiff with respect to the calculation of the bills on the basis of the reports.