HANUMAN OIL INDUSTRIES Vs. KANPUR ELECTRICITY SUPPLY ADMINISTRATION

JUDGEMENT

(1.) M /s. Hanuman Oil Industries, which is the applicant in this Court In the present revision under Section 115 of the Code of Civil Procedure, filed a suit in the Court of Civil Judge, Kanpur in which it claimed a relief for perpetual injunction restraining the defendant, its officers, servants, employees and agents from disconnecting the electric connection of the applicant bearing installation Nos. 8/2787 and 8/2788 in premises No. 81/99 Cooperganj,MANU -UP -0639 -1983.htm Kanpur . The defendant in the suit, which is the opposite party in this Court, is the Kanpur Electric Supply Administration. The question whether the Court -fee paid by the applicant on the relief sought by it was considered by the Court below, which came to the conclusion in its order dated October 17, 1977 that the applicant was liable to pay Court fee on the footing that it was seeking a declaration to the effect that some sum of money claimed by the defendant was not payable by it towards electric charges and as such It was not liable to pay the same nor was its electrical supply liable to be disconnected on that account. The trial Court called upon the applicant to amend the plaint and pay the Court -fee on that basis. The applicant had paid Court -fee on the basis of the market value given by it to the aforesaid installation (Rs. 6000). The amount paid was Rs. 201 -50 P. on 1/5th of the aforesaid value given to the installation by the applicant. It is how the applicant came to this Court in the present revision.

(2.) THE applicant sought the relief of injunction on the allegations, contained in the plaint, that it was regularly paying the amount of the bills sent to it and that in respect of the aforesaid installations all the dues had stood paid. The defendant had erroneously sent bills for a sum of Rs. 27306 -80 p. and was threatening to disconnect the electric supply of the applicant unless the amount was paid. In effect, the case set up in the plaint is that the defendant was threatening to disconnect the electric supply to the applicant's premises illegally even though nothing was due from the applicant.

(3.) THE Court -Fees Act, as applicable in this State, provides for payment of the amount of Court -fee in a suit, where injunction alone is the relief sought, in Section 7 (iv -B)(b). That provision runs thus: