DEPUTY ENGINEER Vs. VIPUL PRADEEP PANDIT

JUDGEMENT

(1.) ADMIT. Shri Ashish Majmudar, learned advocate waives service of notice of admission on behalf of the respondent-original plaintiff. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) PRESENT Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure has been preferred by the appellants herein-original defendants challenging the impugned order dated 6. 9. 2008 passed by the learned Additional District Judge (Special Court), G. E. B. Vadodara passed below Exh. 5 in Special Civil Suit No. 60 of 2008, by which the learned trial Court has partly allowed the said application below Exh. 5 for interim injunction restraining the appellants herein -original defendants from recovering the amount under disputed bill issued under Section 135 of the Electricity Act, 2003 which pertains a commission of theft of electric energy.

(3.) THAT the appellants herein-original defendants Madhya Gujarat Vij Company Ltd. , issued the supplementary bill under Section 135 of the Electricity Act, 2003 for an amount of Rs. 1,75,804. 13ps with respect to electric connection which was in the name of one Jyoti Consultant ltd. , on the basis of the checking carried out by the appellants on 20. 8. 2008 and having found that though the connection was granted for residential purpose it was used for commercial purpose of running A. U. P. P. School/ College. The respondent was called upon to pay Rs. 28,550/- towards compounding charges, if he wanted to avoid criminal prosecution. Having served with the said supplementary bill under Section 135 of the Electricity Act, 2003, and having apprehended that on non payment of bill electric connection will be discontinued, the respondent herein-original plaintiff instituted Special Civil Suit No. 60 of 2008 challenging the said supplementary bill and submitted the application for interim injunction below Exh. 5 restraining the appellants herein-original defendants from recovering the amount under the aforesaid notice / supplementary bill and not to disconnect the electricity connection. That the learned Additional District Judge (Special Court) G. E. B. Vadodara by impugned order dated 6/9/2008 partly allowed the the application Exh. 5 granting ad-interim injunction as prayed for in para 15 (1) of the application Exh. 5 subject to deposit of the amount of Rs. 1,05,000/- (50% of the disputed bill) with Nazir within 7 days from the date of the order with protest which the defendant shall not withdraw. Being aggrieved and dissatisfied with the aforesaid order below Exh. 5, appellants herein-original defendants have preferred present Appeal from Order.