MUNICIPAL CORPORATION OF DELHI Vs. AJANTA IRON AND STEEL COMPANY PRIVATE LIMITED
LAWS(SC)-1990-2-53
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on February 28,1990

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
AJANTA IRON AND STEEL COMPANY PRIVATE LIMITED Respondents





Cited Judgements :-

HYDERABAD VANASPATHI LIMITED VS. ANDHRA PRADESH STATE ELECTRICITY BOARD [LAWS(SC)-1998-4-76] [RELIED ON]
KULDEEP SINGH DHINGRA VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1992-2-72] [REFERRED TO]
BANUMA POLYTEX LIMITED VS. GUJARAT ELECTRICITY BOARD [LAWS(GJH)-1995-3-47] [REFERRED TO]
PRABHATBHAI S DESAI VS. AHMEDABAD ELECTRICITY CO LTD [LAWS(GJH)-2004-6-41] [REFERRED TO]
ADITYA ROTOR SPIN P LTD VS. U P STATE ELECTRICITY BOARD LUCKNOW [LAWS(ALL)-1991-2-16] [REFERRED TO]
RAM KUMAR VS. DISTRICT INSPECTOR OF SCHOOLS HARDWAR [LAWS(ALL)-1994-1-12] [RELIED ON]
AFZAL HUSAIN VS. UTTAR PRADESH STATE ELECTRICITY BOARD [LAWS(ALL)-1996-5-149] [REFERRED]
HANUMAN STEEL ROLLING MILL VS. C E S C LIMITED [LAWS(CAL)-1996-4-15] [REFERRED TO]
ASSISTANT ENGINEER NABADWIP GROUP ELECTRIC SUPPLY VS. PRADIP CHANDRA ROY [LAWS(CAL)-1997-1-2] [REFERRED TO]
SHIVA STEEL RE ROLLING MILLS AND AN VS. WEST BENGAL STATE ELECTRICITY BOARD [LAWS(CAL)-1997-9-22] [REFERRED TO]
SRJ PEETY STEELS PRIVATE LIMITED JALNA VS. MAHARASHTRA STATE ELECTRICITY BOARD AURANGABAD [LAWS(BOM)-1998-10-37] [REFERRED TO]
Union of India VS. Vasantha Carbide Company Ltd [LAWS(MAD)-2004-2-232] [REFERRED TO]
TAMIL NADU ELECTRICITY BOARD VS. CHAKKARAVARTHY [LAWS(MAD)-2005-1-134] [REFERRED TO]
SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD VS. ANNAMALAI COTTON MILLS P LIMITED [LAWS(MAD)-2009-1-248] [REFERRED TO]
HARSH WOOD PRODUCTS PVT LTD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1993-3-4] [REFERRED TO]
JMD ALLOYS LIMITED VS. BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-1999-9-164] [REFERRRED TO]
BIHAR STATE ELECTRICITY BOARD VS. KISHORI DEVI [LAWS(PAT)-2002-5-55] [REFERRED TO]
SUB-DIVISIONAL OFFICER VS. JAGIR SINGH [LAWS(NCD)-2006-1-77] [REFERRED TO]
DIGVIJAY BISCUITS P LTD VS. SECRETARY K E B [LAWS(NCD)-1992-8-104] [REFERRED]
ADDITIONAL ASSTT ENGINEER A P STATE ELECTRICITY BOARD VS. SIDDALA CHAKRAPANI [LAWS(NCD)-1998-2-28] [REFERRED]


JUDGEMENT

Sharma, J. - (1.)This appeal by special leave arises out of a suit filed by the respondent-company against the appellant, Municipal Corporation of Delhi,- for a mandatory injunction to restore the supply of electricity discontinued during the pendency .of the suit. Initially the suit was filed for a prohibitory injunction from disconnecting the electric connection. The plaint was amended following stoppage of the supply of energy.
(2.)According to the plaintiffs case, the suit had to be filed as the Delhi Electricity Supply Undertaking was threatening disconnection without disclosing any reason. Subsequently, some officers of the Undertaking made an inspection of the meters and alleged theft of electricity after tampering with the seals affixed on the meters. A First Information Report was lodged with the police.
(3.)Admittedly no notice was served by the Delhi Electricity Supply Undertaking on the plaintiff before severing the electric connection. The learned trial court, however, dismissed the suit and the plaintiff appealed. The First Additional District Judge, Delhi, who heard the appeal decreed the suit on the sole ground of non-service of notice as required under condition No. 36 in regard to supply of. electricity by the appellant. The Delhi High Court dismissed the appellant's second appeal at the admission stage by a reasoned judgment.
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