DEVINDER KUMAR Vs. DESU

JUDGEMENT

(1.) In this petition, the revision petitioner challenges an order refusing to stay disconnection of electricity by the learned Sub Judge Delhi in suit No. 308/90 and dismissal of appeal in MC 419/90 dated 14th December 1990.

(2.) According to the petitioner, he was running a factory of manufacturing of welding cables and welding rods in the name of M/s D.K. Traders at A-32 Mansarover Park. He was having an electricity connection since September 1988. The officials of the DESU threatened to disconnect his electric connection. He Filed the suit and anapplication for stay was also filed.

(3.) The defendant/respondents have contested the suit and application both. One of the grounds taken was that the connection had been taken by Mr. Devinder Kumar but the supply was being used by D.K. Traders. On inspection on 8th March 1990 and 9th March 1990 the plaintiff was found connecting excess load to the extent of 33 HP. Full seal of the meter was found missing. The half seal of the meter was found tempered with. The disc of the meter was found moving in forward direction on red phase but stopped it blue phase and moving slow at yellow phase in forward direction. Paper seal of the meter was also found tempered with. The plaintiff was found to have abstracted the electricity stealthily and a case under Section 379 Indian Penal Code and 39 of Indian Electricity Act was got registered.