UHBVL Vs. R K RAYON PVT LTD

JUDGEMENT

(1.) GENESIS of this civil revision petition, invoking supervisory powers of this Court under Article 227 of the Constitution of India, is found in the impugned order of 15.6.2012 of Additional District Judge, Panipat whereby, during the pendency of the appeal against order dated 30.5.2012 of the lower court in civil suit No.372/2011, the appellate court below in the meantime had restrained the petitioners herein from disconnecting electric supply to the respondent -appellant -plaintiff, subject to furnishing of bank guarantee to the tune of 50% of the amount due to the petitioners.

(2.) IN a suit preferred by the respondent -plaintiff M/s R.K. Rayon Pvt. Ltd., challenging the demand of Rs.33,06,066/ - as electricity consumption charges, an application under Order XXXIX Rules 1 and 2 CPC, was made for seeking ad -interim injunction against enforcement of the said demand.

(3.) THE lower court vide its order of 30.5.2012 had dismissed the said application finding the same to be devoid of any merit. When the respondent -plaintiff had taken the matter in first appeal, the appellate court, without even revoking or setting aside the said order had restrained the petitioner -defendants qua disconnection of electric supply on certain conditions as already mentioned in the earlier part of the judgment.