HARPAL RICE MILLS Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Plaintiff is in second appeal. For convenience, the parties hereinafter are referred to by their original position before the Trial Court i.e. the appellant as plaintiff and the respondents as defendants.

(2.) Plaintiff filed suit for declaration to the effect that letter/memo No.20, dtd. 2/1/2004 issued by defendant No.4 to the plaintiff, raising supplementary bill of Rs.2,87,953.00 in respect of account No.KM 01/001, is illegal, null and void and without jurisdiction.

(3.) As per plaint, plaintiff/firm is running a business of rice sheller and cold storage. It is consumer of energy being supplied by respondent(s). Plaintiff was served with letter/memo No.20, dtd. 2/1/2004, issued by defendant No.4 along with supplementary bill and report of defendant No. 5, in which the plaintiff? firm was asked to pay an amount of Rs.2,87,953.00 as supplementary bill up to 12/1/2004. Plaintiff' claimed that the said bill was illegal, null and void as there was no theft or malpractice alleged against the plaintiff No show cause notice, prior to raising demand, was served upon the plaintiff. The plaintiff further sought decree of permanent injunction claiming that the defendant under the garb of the impugned communication/ supplementary bill, are threatening to disconnect the electricity connection of the plaintiff/firm.