BIHAR STATE ELECTRICITY BOARD Vs. JAWAHAR LAL

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') by the Bihar State Electricity Board and the Patna Electric Supply Undertaking through its Resident Engineer, is directed against an order of the learned Additional Subordinate Judge passed by him in appeal granting injunction restraining the defendant-petitioners from realising electrical charges according to revised tariff rates.

(2.) The plaintiffs-opposite party Instituted Title Suit No. 124 of 1975 in representative capacity on behalf of other consumers of Patna town within the limits of the Patna Municipal Corporation under Order 1, Rule 8 of the Code for declaration that the tariff dated the 25th July, 1975, notified by defendant-petitioner No. 1 and enforced from the 15th July, 1975 is illegal, ultra vires, unconstitutional, arbitrary, against public policy and the principle of natural justice and equity and for permanent injunction restraining the Bihar State Electricity Board and the Patna Electric Supply Undertaking, defendant-petitioners Nos. 1 and 2 respectively, and their employees from realising charges at enhanced rates for consumption of electrical energy fixed charges and rental for meters as per items indicated in the tariff under the notification dated 25-7-1975, effective from 15-7-1975, from the plaintiffs and the consumers of Patna.

(3.) The plaintiffs-opposite party's case, in brief, is that they are consumers of electrical energy provided by the defendants-petitioners. Originally electric energy used to be supplied to the opposite party by the Patna Electric Supply Company Limited under the provision of the Indian Electricity Act, 1910, and the Indian Electricity (Supply) Act, 1948 under a written contract. The petitioners took over management of the Patna Electric Supply Company Ltd. in 1974 and up to 14-7-1975 the petitioners supplied electric energy to the opposite parties at the old rate. The petitioners enhanced the rates of electric charges at a very high rate with effect from 15-7-1975, which, according to the opposite parties, is arbitrary, illegal, without jurisdiction, unreasonable and unwarranted. Initially when the suit was instituted, ad interim injunction restraining the petitioners from realising electrical charges at the enhanced rates was granted by the trial court and they were asked to show cause as to why ad interim injunction granted in the case should not be made absolute. Thereafter, the petitioners filed their show cause stating therein that electric charges were legal and reasonably enhanced and the opposite parties could not challenge the same. They further contended that the opposite parties had no prima facie case, balance of convenience was in favour of the petitioners and no irreparable loss would be caused to the opposite parties if no injunction was granted. Along with the show cause application the petitioners had also filed a copy of the agreement, marked Annexure 'A'.