NORTH DELHI POWER LIMITED ( NOW KNOWN AS TATA POWER DELHI DISTRIBUTION LIMITED) Vs. MAHINDRA COLD STORAGE

JUDGEMENT

(1.) This Execution Second Appeal, under Section 100 of the Code of Civil Procedure, 1908 (CPC) read with Order XLII Rule 1 of the CPC, impugns the order [dated 22nd April, 2014 in MCA-24/12 of the Court of Additional District Judge-12 (Central), Tis Hazari Courts, Delhi] of dismissal of Execution First Appeal filed by the appellant against the order [dated 13th December, 2011 in Execution No.56/2007 of the Court of Civil Judge-01 (North), Delhi] of dismissal of objections filed by the appellant to the execution sought by the respondent of the decree dated 17th October, 2002 in Suit No.183/1999 of the Court of Civil Judge, Delhi.

(2.) The appeal came up before this Court first on 29th May, 2014 when notice thereof was ordered to be issued and stay granted of execution proceedings. The said interim order has continued till now. The counsel for the appellant / defendant and the counsel for the respondent / plaintiff have been heard.

(3.) The respondent / plaintiff instituted the suit, from execution of judgment and decree wherein this appeal arises, for declaration that the bill raised by the Delhi Vidyut Board (DVB), being the predecessor-in-interest of the appellant, for the sum of Rs. 17,12,545.58p was illegal, null and void and for permanent injunction restraining the DVB from disconnecting the electric supply to the premises of the respondent / plaintiff for non-payment of the said bill.