SHYAM BIHARI SINGHAL Vs. BSES YAMUNA POWER LTD

JUDGEMENT

(1.) THIS is an application under Section 144 of the Code of Civil Procedure, seeking restitution on behalf of the decree holder.

(2.) THE brief facts of the case are that the plaintiff is carrying on its business at its premises in Jhilmil Industrial Area, Shahdara, Delhi, and is using the connection installed by the defendant. The present suit was filed seeking decree of declaration declaring the inspection reports and the MTD report dated 14.7.1999 and the bill as null and void and a decree of permanent injunction be passed in favour of the plaintiff restraining the defendant from disconnecting the electricity supply on the basis of non- payment of the impugned bill of Rs.48,83,927/-. The suit was filed in the court of learned Civil Judge, Delhi and the learned Civil Judge vide order dated 03.08.1999 directed the decree holder to deposit Rs.6 lac out of the impugned bill for restraining the judgment debtor from disconnecting the electricity supply to the premises of the decree holder. Thereafter the plaint was returned on account of the jurisdictional value and the same was presented to this Court. This Court on 24.07.2006, reiterated the interim order dated 03.08.1999 passed by the learned Civil Judge. The decree holder in terms of the order dated 03.08.1999 deposited a sum of Rs.6 lac in two instalments. The first instalment of Rs.3 lac was deposited by the decree holder on 12.08.1999 and the second instalment of Rs.3 lac was deposited on 06.09.1999.

(3.) IT was in this background that the present execution petition was filed. On 06.01.2012, the counsel for the judgment debtor submitted that just a day before, the judgment debtor had paid the sum of Rs.6 lac to the decree holder and thereafter the decree stands satisfied. In the present Execution Application, the notice was issued to the judgment debtor.