LAWS(P&H)-2007-3-98

ASSTT EXECUTIVE ENGINEER Vs. SAT PAL

Decided On March 22, 2007
ASSTT. EXECUTIVE ENGINEER Appellant
V/S
SAT PAL Respondents

JUDGEMENT

(1.) (ORAL)

(2.) THIS is petition against the judgment dated 20.09.2006 of Additional District Judge, Kurukshetra whereby appeal filed by the present petitioners against an order of Additional Civil Judge ( Senior Division ), Pehowa dated 25.04.2006, was dismissed. It comes out that Sat Pal, plaintiff now respondent had filed a suit for mandatory injunction against the defendants now petitioners for providing electric connection. The electricity Board had objected that there was an arrears amounting to Rs.21,954/- in respect of the electric connection already used in the same premises and as per circular of the electricity Board unless that amount was paid, no new connection in that premises could be given. However, the trial Court allowed the application of the plaintiff now respondent and directed the electricity Board to instal electric connection. An appeal filed by the petitioners-electricity Board against that order, was dismissed. Counsel for the petitioner relies on a judgment of this Court in case of Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s Paramount Polymers Pvt. Ltd. 2006 AIR SCW 5354 and argues that unless arrears are paid, no connection can be installed. Civil Revision No. 1207 of 2007