GUJARAT VIJ COM LTD Vs. BABULAL BIRABHAI RENPARA

JUDGEMENT

(1.) This petition has been preferred invoking the provisions of Articles 226 and 227 of the Constitution of India with a prayer to quash and set aside the judgment and order dated 26-10-2005 passed by the 9th Fast Track Court, Gondal, Camp: Dhoraji in Civil Misc. Appeal No.8 of 2004 whereby the order dated 22-10-2003 rendered below Exh.5 by the Trial Courtin Regular Civil Suit No.270 of 2003, has been confirmed.

(2.) The brief facts of the case, necessary for the decision of the petition are that, the respondent herein, who is a practicing advocate, filed the above mentioned Civil Suit, inter alia, praying for the relief of declaration that the Office of an advocate should be billed as per the 'residential' Tariff by the defendant-Gujarat Electricity Board (now Pashchim Gujarat Vij Company Ltd.) who is the respondent in the petition (referred to as 'the Electricity Company' for sort). Along with the Suit, the plaintiff preferred an application at Exh.5 for grant of an interlocutory injunction.

(3.) The petitioner (original defendant) filed its reply to the said application, contending that as per the Tariff Order passed by the Gujarat Electricity Regulatory Commission ('GERC for short), the Office of Advocate is required to be charged as per RATE LFD- II category, which applies to 'non-residential' premises such as shops, work shops, hotels restaurants, show rooms, offices, etc. The Trial Court, by order dated 22-10-2003 allowed the application at Exh.5 filed by the respondent (original plaintiff) by holding that the activities carried on by an advocate cannot be said to be commercial in nature, therefore, the Office of an advocate cannot be billed as per non-residential Tariff by the Electricity Company. The petitioner-Electricity Company preferred an appeal before the District Court, which has been dismissed by passing the impugned judgment dated 26-10- 2005, confirming the findings of the Trial Court. Aggrieved thereby, the petitioner- Electricity Company has approached this Court by filing the present petition.