SHIVANI PLASTIC CO Vs. DVB

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Additional District Judge, Delhi in RCA No. 97/1999 whereby the learned judge vide his judgment and order dated 11th March, 2002, has reversed the order of the Trial Court decreeing the suit of the plaintiff and restraining the DVB from disconnecting the electricity supply to the plaintiff on the basis of the inspection report dated 7th April, 1994 and show cause notice dated 22nd February, 1994.

(2.) The brief facts of the case as noted by the the Additional District Judge are as follows :

(3.) The DVB in its written statement submitted that a valid inspection had been conducted on 7-1-94 which was carried out in the presence of Shri Subhash Sharma who refused to sign the inspection report. It was submitted that connected load was found 107.652 KW against I.P. And 3.49 KW against IL connection, which was beyond the SIP category. Low power factor was also noted and MS C.T.Box cover could be lifted upward very easily without disturbing the seals as the seals provided on the meter box was acting as hinges. It was also submitted that consumption noted was very low as per connected load. It was also submitted that since the meter box could be opened without the seals being broken tapping could be done from naked leads and central wiring was accessible which clearly pointed out that there were chances of fraudulent abstraction of energy. In these circumstances the DVB prayed for the dismissal of the suit. The replication was filed refusing all these allegations and upon the pleadings of the parties the Ld.trial court framed the following issues: 1.Whether the inspection carried out by the defendant is illegal and invalid? (OPP) 2.Whether the inspection carried out by defendant is legal and as per law and the plaintiff was found to be indulging into fraudulent abstraction of energy? (OPD) 3.Whether the plaintiff is entitled to the decree for permanent injunction? 4.Relief."