C E S C Vs. SK SALAUDDIN

JUDGEMENT

(1.) THE order dated 8th July, 2008 passed by the learned Additional district Judge, 4th Court, Alipore under Misc. Appeal No. 278/06 arising out Title Suit No. 96/02 which has been subsequently renumbered as Title suit No. 20/05 now pending before the learned Civil Judge, Junior Division, 1st Court, Alipore is under challenge.

(2.) THE facts are these: The opposite party/plaintiff instituted the aforementioned Title Suit on 11th March, 2002 against the present petitioner, c. E. S. C. Ltd. praying for a declaration that the electricity consumption bill for the month of February 2002 to the tune of Rs. 2,0972/- was illegal, inflated, inaccurate and arbitrary against which no payment could be really called for and for the consequential relief in the form of injunction to restrain the defendant/petitioner from disconnecting the electricity supply at the premises No. 5/b Sapgachi Lane, Kolkata - 39.

(3.) AN application was taken out by the plaintiff/opposite party praying for temporary injunction to restrain the C. E. S. C. from disconnecting the electricity supply. The learned trial Court granted injunction so as to restrain the C. E. S. C. from disconnecting tha electricity supply on condition of the plaintiff/opposite party depositing in the trial Court within 31st July, 2002 a sum of Rs. 10,000/- and further depositing in every month with the Court itself current electricity charges up to the tune of Rs. 5000/- per month. This order was passed on 20th July, 2002.