CENTURY RAYON LIMITED Vs. IVP LIMITED

JUDGEMENT

(1.) By this Writ Petition filed under Art. 227 of the Constitution of India, the petitioner has impugned the order dated 28 June 2018 passed by the learned District Judge - 4, Kalyan in Miscellaneous Civil Appeal No.13 of 2018 dismissing the said Miscellaneous Civil Appeal filed by the petitioner arising out of the order dated 6th Jan. 2018 passed by the learned Civil Judge Junior Division, Kalyan granting temporary injunction in favour of the respondent no.1 in Regular Civil Suit No.625 of 2017. Some of the relevant facts for the purpose of deciding this Writ Petition are as under :- The petitioner is the original defendant no.2 whereas the respondent no.1 is original Plaintiff. The respondent Nos.2 and 3 hereinafter referred to as original defendant Nos.1 and 3 in Regular Civil Suit No.625 of 2017.

(2.) It is the case of the petitioner that the petitioner has been doing the business of manufacturing and sale of chemicals and has a plant at Village Mohane, Taluka Kalyan, District Thane. The petitioner made an application to the respondent no.2 for Line in Line Out ('LILO') on 100 kv Mohone-Ambernath DC TL for 100 kv proposed sub-station to supply power from 22 kv line to 100 kv. The respondent no.2 addressed a letter to MSETCL being a transmission authority empowered under section 164 of the Electricity Act, 2003 ( in short - 'Electricity Act'). It is the case of the petitioner that the said MSETCL approved the scheme of 100kv DC transmission line for giving 19.2. MVA power to the petitioner under the supervision of MSETCL. According to the Petitioner, the entire procedure of execution of work was provided under clause no.3.2 of the Conditions of Supply Based on the Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005.

(3.) It is the case of the petitioner that as per the terms and conditions of MSETCL has been paid supervision charges on 22nd June, 2016 for executing the work of laying down the transmission lines. The work and route for tower line was approved by MSETCL. The petitioner under supervision and in accordance with the sanctioned scheme allotted work to one M/s.Shivam Contractors, being the approved contractor of MSETCL for erection of towers under the supervision of respondent no.2. The petitioner started the excavation work from 1st Dec., 2017 and excavation work of Tower 2.