(1.) The order dated 25.11.2005 passed by the learned appellate Court granting interim relief to the plaintiff- respondent under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 has been made subject matter of challenge in this petition filed under Article 227 of the Constitution. The learned appellate Court has found in para 19 of the judgment that there is a prima facie case in favour of the petitioner and he is likely to suffer extreme inconvenience if his electricity remains dis-connected or he is directed to fulfill the demand raised by the defendant-petitioners to deposit the whole amount as demand is perse illegal. Accordingly defendant-petitioners have been directed to restore the supply of energy to the plaintiff- respondent immediately and they have been further restrained from recovery an amount of Rs.36,53,383/- from him.
(2.) At the hearing learned counsel for the defendant-petitioners has candidly accepted that electricity supply has been restored to the plaintiff- respondent and the order passed by the learned appellate Court stands complied with. However, the learned counsel has submitted that there is illegality in the impugned order with regard to staying the demand raised by the defendant- petitioner which is to the tune of Rs.36,53,383/-. Having heard the learned counsel I am of the considered view that the learned lower appellate Court has taken into consideration the fact that doubtful seals and the electricity meter of the plaintiff- respondent were initially suspected to be duplicate/fake. However, all the seals were sent to F.S.L. Lab. t Madhuban for comparison with the standard seals during investigation of the criminal case which was registered against the plaintiff- respondent at the instance of the defendant- petitioner.
(3.) The F.S.L. Madhuban has found that on 4.10.1999 that the seals belonging to the plaintiff-respondent were found to be similar to the standard seals in respect of shape, size and orientation of words. It has been observed by the learned lower appellate Court that once the seals are found to be in order by the FSL Lab. then no substance is left in the allegations of theft of energy. The District Attorney has also refused to agree for reverification of the seals from a third agency because the verification carried by the government agencies like FSL Madhuban cannot be challenged. In any case no contrary report has so far been placed on record. In para 19 of the judgment, the following opinion was expressed by the learned lower appellate Court: