NOOR JAHAN Vs. B.S.E.S. YPL

JUDGEMENT

(1.) BY this order, I have to decide pending application of plaintiff filed u/o 39 rules 1 & 2 CPC read with Section 151 CPC which was filed alongwith main suit for declaration and permanent injunction.

(2.) THE main facts pertaining to this application are to the effect that plaintiff is the owner of property no. K-357, Sunder Nagri, Delhi (in short called as suit property); that an electricity connection vide CRN No. 1260001295 has been installed in the suit property in the name of Ms. Sakina Begum who was the previous owner of the suit property; that defendants have issued a forged and fabricated electricity theft bill of Rs. 87,976.00 (rupees eighty seven thousand nine hundred seventy six only) with due date of payment as 27.10.2004 without any raid conducted at the suit property; that plaintiff is not liable to make the payment of the same to the defendants; that no inspection was carried out at the suit property as per rules; that the defendants have issued a disconnection notice dated 12.10.2012 against the suit property without any justified reasons; that a prima facie case lies in favour of the plaintiff; that the balance of convenience also lies in favour of the plaintiff; that plaintiff shall suffer an irreparable loss, if electricity is disconnected at the suit property before final disposal of this case on merits. In the end, a prayer has been made for directing the defendants and their officials not to disconnect the electricity connection at the suit property till final disposal of this case on merits.

(3.) THE main submissions made on behalf of the defendant no.1 in rebuttal to this application are to the effect, interalia, that the suit of the plaintiff is liable to be dismissed for showing no cause of action; that plaintiff has not affixed proper court fees qua the relief claimed in this case; that the suit is barred by limitation; that plaintiff has not come before this court with clean hands; that the bill in question has been rightly raised against the plaintiff and the plaintiff is liable to make payment of the same; that no prima facie case lies in favour of plaintiff as she has not made payment of the impugned bill to the defendant company so far; that there is no balance of convenience in favour of plaintiff and she will not suffer any hardships for non payment of the impugned bill; that plaintiff is not entitled for any relief in the given facts and circumstances of this case. Lastly, a prayer was made to dismiss the application of the plaintiff.