LAWS(GJH)-2013-3-155

EXECUTIVE ENGINEER Vs. ASHOK ORGANICS INDUSTRIES LTD

Decided On March 08, 2013
EXECUTIVE ENGINEER Appellant
V/S
Ashok Organics Industries Ltd Respondents

JUDGEMENT

(1.) THE present Appeal from Order has been filed by the appellant- original plaintiff, Dakshin Gujarat Vij Co. Ltd., being aggrieved with the order passed below Exh. 38 in Special Civil Suit No. 26/99 dated 13.7.2012 by the Principal Sr. Civil Judge, Ankleshwar on the grounds stated in the Appeal from Order.

(2.) HEARD learned advocate Ms. Lilu Bhaya for the appellant and learned counsel Shri Bijal Chhatrapati for M/s. Singhi & Co. for the respondent.

(3.) IT is therefore contended that merely because the appellant plaintiff is having a monopoly cannot act in such a manner and refuse to comply with the orders and directions that, though the arbitration award is in favour of the respondent and though in the appeal filed by the appellant plaintiff no stay has been granted, it cannot refuse to grant the electric connection under an excuse of Electricity Supply Code and related matters, the terms and conditions of tariff.