MAHARASHTRA STATE ELECTRICITY BOARD Vs. TRIMBAK NARAYANRAO PHULARI

JUDGEMENT

(1.) This civil revision application is by the Maharashtra Electricity Board, against the judgment and order of the Extra Assistant Judge, Nanded, dated 13-11-1981 confirming the order of temporary injunction granted by the learned Civil Judge (Junior Division), Nanded by his order dated 30-9-1981.

(2.) Respondent No. 1 is the owner of the premises being House No. 1-6-106 in Srinagar area, Nanded, and respondent No. 2 is a tenant of the premises. Respondent No. 1 is the consumer of the applicant and was supplied with two electricity metrers bearing Nos. 9828 and 9550. The Maharashtra Electricity Board operating in the said area sometime in December 1978, served on the 1st respondent two electricity bills for the electricity consumed as shown under the said two meters. 23rd January was the last day for the payment of the said bills. On that day itself the 1st respondent paid both the said bills. However, the payment of the said bills was entered in the records of the Board only against one Meter being No. 9550. As the record showed that no payment was made as against the other Meter No. 9828 for seven days after the service of the bills on 15-2-1979, the officers disconnected Meter No. 9828. On 6-3-1979, the respondent addressed a letter to the Board stating that the payment was made in full on 23-1-1979 itself. On 12-3-1979, electricity was restored to the 1st respondent by charging Rs. 8/- towards reconnection. The respondents thereafter by giving notice dated 18-4-1979 under section 80 of the Civil Procedure Code filed a suit being Regular Civil Suit No. 238 of 1973. (1) for a declaration that the notice of disconnection in the bill itself was invalid under section 24(1) of the Indian Electricity Act. (2) for a permanent injunction restraining the Board from issuing bills containing such notice, (3) for recovery of disconnection charges of Rs. 8/- and (4) for damage of Rs. 200/-.

(3.) The plaintiffs i.e. respondent Nos. 1 and 2 thereafter applied for a temporary injunction restraining the Board from issuing in future bills containing a notice of disconnection. On 5th September, 1979, the Court granted an ad interim injunction restraining the Board from issuing such bills to the respondents. The respondents application, however, to restrain the Board from issuing such bills to the other consumers in Nanded Circle was not granted.