MAHARASHTRA STATE ELECTRICITY BOARD Vs. ARVIND PURUSHOTTAM JOSHI

JUDGEMENT

(1.) THE substantial question of law framed at the time of admission of this second appeal and that needs answer is :

(2.) THE aforesaid substantial question of law arises in the facts and circumstances briefly narrated hereunder :

(3.) ON the basis of the pleadings of the parties, the trial Court framed various issues and after recording the evidence reached the finding that the consumer was given electrical connection for commercial purposes and not for industrial purposes. The trial Court also held that the consumer was under legal and contractual obligation to pay electrical charges as per the existing tariff for supply of electrical energy for commercial purposes. The trial Court accordingly partly decreed the Boards suit and passed the decree on 12-1-1990 in its favour by directing recovery of Rs. 37,527,39 with interest @ 12% p. a. from the consumer from the date of bills till full realisation of the decretal amount. The trial Court dismissed S. C. Suit No. 1010/86 filed by the consumer. Two appeals came to be filed by the consumer against the judgment and decree dated 12-1-1990 passed by the trial Court in the suit filed by the Board as well as in the suit filed by him. The appeal Court heard both the appeals together and by the judgment and decree dated 30th September-93 allowed both the appeals filed by the consumer and resultantly the suit filed by the Board stood dismissed and the suit filed by the consumer was decreed. The present second appeal arises out of the judgment and decree dated 30th September-93 whereby Civil Appeal No. 31/91 filed by the consumer was allowed and the judgment and decree passed in favour of the board by the trial Court for recovery of amount of Rs. 37,527. 39 from the consumer with interest @ 12% p. a. was set-aside and Boards suit was dismissed.