R S E B Vs. RAJASTHAN OIL INDUSTRIES

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) The appellants are aggrieved against the judgment and decree passed by the trial court dated 21.9.1984 by which the learned trial court held that the bill for Rs.69595.60 issued by the appellantdefendant- Electricity Board against the plaintiff has wrongly been issued, however, the trial court held that since it is a case of bona fide dispute even in view of the facts mentioned by the defendant-appellant in the written statement, therefore, till the proper determination in accordance with law is not made, the defendant-appellant cannot disconnect the electricity supply from the plaintiff's unit. The judgment and decree of the trial court was upheld by the first appellant court.

(3.) Hence this second appeal. Following substantial question of law was framed by this Court on 16.2.1990 while admitting this appeal:- Whether there existed a bonafide dispute between the parties regarding the validity of the bills and the plaintiff should have referred it to the electrical Inspector?