UNION OF INDIA Vs. VASANTHA CARBIDE COMPANY LTD

JUDGEMENT

(1.) The defendants, having aggrieved by the judgment and decree dated 27.8.2003 in O.S.No.59/2002, on the file of the learned Additional District Judge, Karaikal, have preferred the above Appeal.

(2.) The respondent/plaintiff filed the above suit in O.S.No.59/2002 for a declaration that the disconnection of electrical energy of the plaintiff premises in pursuance of alleged notice dated 9.10.2002 is illegal and without jurisdiction and consequently directing the defendants to give electric connection to the plaintiff-company by way of mandatory injunction. The plaintiff-company is running an industry and service connection was effected to the said industry pursuant to the agreement dated 4.8.1997. On 8.10.2002 at about 17.30 hours, the 4th appellant along with the Assistant Executive Engineer/HT, Pondicherry inspected the service connection of the respondent/plaintiff-industry and they noticed certain violations. On 9.10.2002, a notice asking the respondent/plaintiff to show cause as to why extra levy for the violations set out in the said notice should not be collected from the respondent/plaintiff was issued to the plaintiff. On the same day, another letter was served on the respondent/plaintiff stating that

(3.) The above said suit filed by the respondent/plaintiff on the above said grounds was defended by the appellants/defendants stating that notices were served by the Junior Engineer under due acknowledgment on 9.10.2002 and disconnection was made only in accordance with the terms and conditions of supply of electricity. It is also stated that the suit is not maintainable as the respondent/plaintiff is having alternative remedy by way of filing Appeal.