STATE OF J&K Vs. JAMMU AGROIL PVT LTD
LAWS(J&K)-1999-3-35
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 17,1999

STATE OF JANDK Appellant
VERSUS
Jammu Agroil Pvt Ltd Respondents

JUDGEMENT

- (1.) THIS revision is directed against the order dated 16 -08 -1997 passed by the learned District Judge. Kathua whereby in appeal he upheld the order dated 04 -01 -1997 passed by the learned Sub Judge, Kathua. The said order was passed in an application made under O.39 R. 1 & 2 CPC.
(2.) THESE orders were passed in a suit filed by the respondent herein whereby he has sought a declaration against the petitioner herein that he (Executive Engineer) cannot effect the recovery of the electricity charges which were due against M/S Ravi Conductors, Kathua who was the original allottee of C.T. Shed situate in Industrial Estate, Kathua. The electric charges to the tune of Rs. 1.26 Lakh were due. On the vacation of the Industrial Unit by the original allottee, it was allotted in favour of the respondent who gave an undertaking before the petitioner on 01 -03 -1996 (Annexure p -III) that arrears of Rs. 1.25 Lakhs on account of previous allottee would be deposited by him. At the first instance, an amount of rupees 26,000/ - was deposited towards these arrears. Respondent Unit had given an undertaking in writing to deposit the remaining arrears by installments. Each installment was fixed at Rupees 50,000/ - and the whole payment was to be made within 12 months. On the execution of such an undertaking; the physical connection of the Electricity was given to the respondent.
(3.) AFTER a period of one year respondent filed Civil Suit in the court of Sub Judge., Kathua for declaration to the effect that respondent was not liable to pay the arrears of the electricity due to M/S Ravi Conductors, Kathua who was the previous allottee for the Industrial Unit. Relief in the nature of perpetual injunction was sought that electric connection may not be disconnected. Further relief of mandatory injunction was sought to adjust the amount deposited by the respondent on behalf of M/S Ravi Conductors, Kathua in their account. In the suit an application for grant of temporary injunction was also made. The objections were filed in the application by the applicant herein. The learned Sub Judge, Kathua on 01 -04 -1997 passed the order whereby he directed the petitioner to connect the power connection of the respondent Unit forthwith till final disposal of the main suit. This order was passed on two grounds, namely -(i) that the power connection in favour of the respondent herein was a fresh connection (ii) the amount deposited in the sum of Rs. 26,000/ - at the time of taking the physical connection of the electricity was under un -due influence of the petitioner. He had also found that there were triable issue and there is a prima facie case in favour of the respondent. The petitioner herein challenged the order of interim injunction through the medium of appeal before the learned District Judge, Kathua who dismissed the appeal and up -held the order;


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