SURESHKUMAR Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD.

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree passed by the District Judge-I Nagpur in Regular Civil Appeal No. 162/1997 on 30.1.2009 thereby allowing the appeal filed against the judgment and decree passed in Regular Civil Suit No. 477/1994 by the Joint Civil Judge, Junior Division, Nagpur on 12.12.1996.

(2.) The facts leading to filing of the present appeal are stated in brief as under:-

(3.) The respondent resisted the suit by filing its written statement. It was contended by the respondent that during the surprise visit of the flying squad at the unit of the appellant, it was disclosed that the appellant was using load of electricity more than what was actually sanctioned and, therefore, the claim of bill made by the respondent was not arbitrary and illegal. The respondent also contended that the Court of Civil Judge, Junior Division at Nagpur did not have necessary territorial and pecuniary jurisdiction to entertain the suit, apart from the fact that the suit was under valued.