KIRAN INDUSTRIES Vs. GUJARAT ELECTRICITY BOARD BARODA

JUDGEMENT

(1.) Common question of fact and law are found arising in both these matters. We have, therefore, thought it fit to dispose of all these matters by this common judgment of ours.

(2.) Appeal from Order No. 505 of 1990 (the main matter) is directed against the order passed by the learned Civil Judge (S.D.) at Mehsana on 28th November 1990 below the application at Exh. 5 in Special Civil Suit No. 85 of 1989. Thereby the learned trial Judge has granted an interim injunction against disconnection of electric connection No. A-683 for non-payment of one bill No. 211747 dt. 10-2-1989 for Rs. 1,11,590.60 ps. on condition of deposit of Rs. 50,000 and also on furnishing of bond and surety for Rs. 42,000 within 15 days from the date of the order.

(3.) Appeal from Order No. 165 of 1994 (the second matter for convenience) is directed against the order passed by the learned 3rd Joint Civil Judge (S.D.) at Mehsana on 18th May 1994 below the application at Exh. 6 in Special Civil Suit No. 103 of 1994. Thereby the learned trial Judge has granted a mandatory injunction directing the Gujarat Electricity Board (the Board for convenience), on deposit of Rs. 7,00,000 (seven lacs) by the consumer, to restore the electricity connection immediately with respect to the electric connection bearing Consumer No. ST- 1704 which came to be disconnected on account of non-payment of one bill of 22nd April 1994 for Rs. 42,12,354.40 ps.