BSES YAMUNA POWER LTD Vs. ROSHAN MASOOD

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 25.05.2010 of the Court of Additional District Judge (ADJ) -03 (North -East), Karkardooma Courts, Delhi decreeing on admissions the civil suit No.203/2009 filed by the respondent / plaintiff and declaring the bill No. YMENF 180420090022 (based on inspection dated 02.01.2009) due date 23.04.2009 of Rs.13,38,551/ - (incorrectly recorded in the judgment as Rs.33,38,551/ -) raised by the appellant / defendant on the respondent / plaintiff as null and void and directing the appellant / defendant to restore electricity supply to the property of the respondent / plaintiff.

(2.) NOTICE of the appeal was issued. The respondent / plaintiff could not be served by ordinary process and was ultimately ordered to be served by publication whereafter the counsel for the respondent / plaintiff appeared. The appeal was on 05.07.2013 admitted for hearing. It was the contention of the counsel for the appellant / defendant on 05.07.2013 that the matter was fully covered by the judgment of the Supreme Court in The Executive Engineer Vs. Sri Seetaram Rice Mill (2012) 2 SCC 108. In view of the said statement, the hearing was expedited and the Trial Court record requisitioned. The counsel for the respondent / plaintiff on 11.09.2013 stated that he was not ready with the arguments; accordingly the appeal was adjourned to today subject to payment of costs of Rs.3,000/ -. Though costs have been paid today but again request for adjournment has been made on behalf of the respondent / plaintiff. However, upon it being told that adjournment would be granted subject to payment of further costs, the counsel for the respondent / plaintiff agreed to address arguments. The counsels for the parties have been heard.

(3.) THE appellant / defendant contested the suit by filing a written statement. No replication is found to have been filed by the respondent / plaintiff.