RATTAN SINGH Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) For the reasons stated in the application the delay in re-filing the appeal is condoned.

(2.) The plaintiff has lost concurrently before the two Courts below in a suit for declaration. He challenged the notice dated August 5, 1997 issued by the defendants- Haryana State Electricity Board and others, whereby a recovery of Rs.7035/- was imposed upon the plaintiff. The plaintiff claimed that the aforesaid recovery was totally illegal and he was made to pay the aforesaid amount under threat of disconnection.

(3.) Both the Courts below have concurrently found it as a fact that on inspection of the premises of the plaintiff it was detected that the plaintiff was indulging in theft of energy. In view of the aforesaid fact, it has been found that a penalty was imposed by the Department on the request of the plaintiff and the plaintiff had voluntarily paid the amount of penalty. Consequently, the suit filed by the plaintiff was dismissed and his appeal failed before the learned first Appellate Court.