ANDHRA PRADESH STATE ELECTRICITY BOARD Vs. B V RAGHAVENDRA RAO
HIGH COURT OF ANDHRA PRADESH
ANDHRA PRADESH STATE ELECTRICITY BOARD, REPRESENTED BY DEPUTY CHIEF ACCOUNTANT (REV. OFFICE) KANNAVARITHOTO, GUNTUR
Click here to view full judgement.
(1.) The dispute in this case relates to court fee payable on plaint.
The A.P. State Electricity Board and its Assistant Engineer, who
are defendants 1 & 2 in the suit have brought this revision petition
questioning the correctness of the lower court's decision that the court
fee paid by the plaintiff was correct.
(2.) The question arose in the following circumstances : The plaintiff
is a proprietor of a restaurant. One of the Officers of the Electricity
Board on inspection detected pilferage of electric power by the
plaintiff. Consequently a disconnection notice was given to him on
25-1-1971. The plaintiff was also informed that the cost of the pilferred
electric power was estimated at Rs. 3,264/- and if he paid half
of it, the supply of power would be resumed to him. Thereupon the
plaintiff filed a suit for a declaration that the disconnection was
illegal because there was no pilferage and for an injunction directing
the defendants to resume his electric connection. He purported to
value it under section 24(b) of the A. P. Court fees and Suits Valuation
Act and valued it at Rs200/- and paid a court fee of Rs.12/- thereon.
(3.) The Electricity Board and its Assistant Engineer who are defendants
1 and 2 objected to the sufficiency of the court fees They contended
that the suit should have been valued under section 24 (d) and the
court fee should have been paid on Rs. 3264/- which is the value of
the pilferred electric power. The lower court, however was not
inclined to uphold this objection and held that the court fee paid was
adequate. Hence the present revision by the Electricity Board and
its Assistant Engineer.;
Copyright © Regent Computronics Pvt.Ltd.