HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED Vs. VALECHA ENGINEERING LIMITED
HIGH COURT OF HIMACHAL PRADESH
Himachal Pradesh State Electricity Board Limited
Valecha Engineering Limited
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Vivek Singh Thakur, J. -
(1.)This application has been filed by applicantdefendant No.2 National Hydro Power Corporation Limited (in short 'NHPC') for interim directions under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure Code (in short 'CPC').
(2.)Non-Applicant plaintiff, Himachal Pradesh State Electricity Board Limited (hereinafter referred to as the 'Board') has filed main suit for recovery of Rs. 1,53,79,285/- alongwith pendente lite and future interest @ 16% per annum from the defendants with respect to electricity connection provided to non-applicant/defendant No.1 at the work site of NHPC allegedly leviable upon non-applicant/defendant No.1 for unauthorized use of electricity as violation charges during existence of connection of electricity supply to non-applicant/defendant No.1. According to plaint, it was informed by NHPC that non-applicant/defendant No.1 has deserted construction site. It is further case of the Board that NHPC being a principal contractor has admitted its liability and agreed to pay electricity charges, but despite various reminders, it has failed to do so and, therefore, NHPC is also liable to pay electricity charges for consumption of electricity in execution of its work.
(3.)An application under Order 38 Rule 5 CPC has also been filed by the Board for attachment of the property of defendants before judgment.
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