TORRENT POWER LIMITED Vs. MANSUKH D PATEL

JUDGEMENT

(1.) ADMIT. The present Appeal from Order has been preferred by the original defendant against the order dated 9th January, 2007 below Notice of Motion preferred by the respondent (original plaintiff) in Civil Suit no. 2360 of 2006 passed by the City Civil Court, Ahmedabad, whereby the trial court has directed present appellant company to supply additional load of electricity to the respondent (original plaintiff) despite the fact that the plaintiff has not paid the amount towards consumption of electricity for service bearing consumer no. 747609. The original plaintiff is having electricity connection in his own name, one is having consumer service no. 747609, (For this service, because of theft of electricity, supplementary bill has been issued by the appellant company to the tune of Rs. 1,05,166. 00ch has not been yet paid by the original plaintiff) and another consumer service no. 1324664 for which additional load of electricity is demanded and as the same was not given, the suit was instituted by the plaintiff. In the Notice of Motion, a direction is given by the trial court to the appellant company despite non-payment of amount for consumer service no. 747609. The present Appeal from Order has been therefore, preferred by the original defendant.

(2.) HAVING heard the learned counsel for both the sides and looking to the facts and circumstances of the case, the order dated 9th January, 2007 below Notice of Motion in Civil suit no. 2360 of 2006 passed by the City Civil Court, Ahmedabad is hereby quashed and set aside for the following facts and reasons:

(3.) IN view of the above provisions, the mandatory direction given vide order dated 9th January, 2007 below Notice of Motion order in Civil Suit no. 2360 of 2006 by City Civil Court, Court no. 11, Ahmedabad is hereby quashed and set aside. This Appeal from Order is allowed, accordingly, with no order as to costs.