- (1.) The appellant is the plaintiff in the suit (R.C.S. No.659 of 2012) for declaration and permanent injunction that disconnection of electricity to its unit/premises (entertainment park/gaming zone) was illegal. Another prayer is that the respondents defendant Nos. 1 and 2 should be directed to compensate the appellant with damages.
(2.) The suit has been dismissed by three Courts on the ground that the suit was not maintainable and that the plaintiff (appellant herein) ought to have resorted to the remedy provided under Section 42(5) of the Electricity Act, 2003.
(3.) The matter has been referred to this larger bench, perhaps, for an authoritative pronouncement as to whether the suit was maintainable in view of the provisions of Section 42 of the Electricity Act, 2003.;