MARDIA CHEMICALS LIMITED Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) In this Appeal from Order which is filed under Order 43 Rule 1 (r) of the Code of Civil Procedure ('the Code' for short), appellant - Mardia Chemicals Limited a company registered under the provisions of the Companies Act, 1956 ('the Companies Act' for short) seeks to challenge the order dated March 20, 2002 recorded below application Ex.5 of Special Civil Suit No.18 of 2002 by the learned 2nd Joint Civil Judge (S.D.)., Surendranagar by which application Ex.5 seeking ad-interim injunction under the provisions of Order 39 Rule 1 and 2 of the Code filed by the appellant against the respondent - Gujarat Electricity Board ('GEB' for short) - for restraining them from disconnecting the power connections bearing Consumer Nos.17435 and 17447 in the Caustic Chlorine Plant of the appellant company situated in a backward area of Sayala Taluka of Surendranagar District, till disposal of the suit, came to be rejected.

(2.) Appellant is the original plaintiff whereas respondents are the original defendants and for the sake of convenience and brevity they are referred to in this judgment as 'plaintiff' and 'defendants'.

(3.) In the peculiar facts and circumstances of the case and in view of the stake of more than Rs.85 crores of energy charges of the GEB involved in this Appeal from Order, with the consent of the learned advocates of the parties, the matter is heard at length at admission stage and decided by way of final hearing by this judgment.