C E S C LIMITED Vs. UJJALA MONDAL
LAWS(CAL)-2011-7-95
HIGH COURT OF CALCUTTA
Decided on July 19,2011

C.E.S.C. LIMITED. Appellant
VERSUS
UJJALA MONDAL Respondents




JUDGEMENT

- (1.)Challenge is to the order dated September 10, 2009 passed by the learned Additional District Judge, 10th Court, 24-Parganas (South) in Misc. Appeal No. 11 of 2008 arising out of the order dated December 17, 2007 passed by the learned Civil Judge (Junior Division), 5th Court, Alipore in Title Suit No. 291 of 1990. The plaintiff/opposite party herein instituted a suit being Title Suit No. 291 of 1990 praying for declaration of title, permanent injunction and other reliefs. The petitioner is contesting the said suit. While disposing an application under section 151 of the CPC, the learned Trial Judge directed the petitioner to restore electricity connection in the said premises with the meter within 30 days from the date of order and on restoration, the plaintiff was directed to pay the bills as per meter calculated by the defendant-company, if any. Being aggrieved by that order, the petitioner filed a misc. appeal being Misc. Appeal No. 11 of 2008 and the said misc. appeal was dismissed on contest and the order of the learned Trial Judge dated December 17, 2007 was confirmed. Being aggrieved, this application has been preferred.
(2.)Now, the point for consideration is whether the impugned order should be sustained.
(3.)Upon hearing the learned counsel for the parties and on going through the materials on record, I am of the view that the learned Lower Appellate Court was not justified in dismissing the misc. appeal. In the instant case, the suit was filed in the year of 1990. Thereafter, the Electricity Act, 2003 has been passed. The disconnection of the electricity line of the premises in suit had been done as pet-provisions of the Electricity Act. 2003. The petitioner has contended that the disconnection had been done because of pilferage of electricity. The petitioner has specifically stated that the premises in suit was inspected on November 26, 2007 at 14:35 hrs. by the officers of the petitioner along with local police contingent and found the pilferage of the electricity. It was also found that the opposite parties had tampered with the seals fixed on the meter body so as to gain unauthorised access to the internal mechanism for the purpose of reducing the actual meter reading. Thus, the opposite party had caused loss of revenue to the petitioner. The consumption of electricity by the opposite party was therefore, illegal and accordingly, an assessment was made to the tune of Rs. 1.44.540/- per year. The disconnection was made accordingly as per section 135(1A) of the Electricity Act. 2003 and other notifications made thereunder. The amount was not paid. Then a F.I.R. was lodged with the Watgunge Police Station.


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