B. Bhattacharya, J. - (1.) The plaintiffs, consumers of electricity, have filed the instant suit thereby praying for the following reliefs : "a. Leave under Sec. 80 (2) of Code of Civil Procedure to institute the suit. b. Leave under Order 1 Rule 8 of the Code of Civil Procedure. c. Declaration that conditions of supply dated 15th May. 2000 published by defendant No. 1 allegedly under, Sec. 21 (2) of the Indian Electricity Act, 1910 are illegal, bad. ultra vires the Indian Electricity Act, 1910, unconstitutional and thereby not enforceable against the petitioner. d Declaration that the impugned order dated 18.11.2000 purportedly passed by the defendant No. 1 as mentioned in paragraph 13 above is wrongful, illegal, bad and not enforceable against the petitioners. e. Declaration that the purported bills dated 18.11.2000 raised by the respondent No. 1 in terms of the purported order as mentioned in prayer (d) above, are also not enforceable against the petitioners and the same are also bad and illegal. f. Declaration that purported bills being bill Nos. 2 and 3 as forwarded under letter dated 23rd June, 2001 by the respondent No. 1 as mentioned in para 34 above are not enforceable against the petitioners and the same are also bad and illegal. g. Permanent injunction restraining the respondent No. 1 and/ or its men and agents from taking steps or further steps or to act in terms of the impugned order dated 18.11.2000 and the bills as mentioned in prayers (d). (e) and (f) above in any manner whatsoever. h. Permanent injunction restraining the defendants and/or their men and agents from giving any effect or further effect and/ or to act in terms of new conditions of supply dated 15th May. 2000 allegedly framed under Sec. 21(2) of the Indian Electricity Act, 1910 in any manner whatsoever. i. Injunction; j. Receiver; k. Cost; l. Further and other reliefs". In connection with the aforesaid suit, the plaintiffs have come up with an interlocutory application of injunction restraining defendants, their agents and men from taking any further steps or to act in terms of the order dated November 18. 2000 passed by the Deputy Manager. Commercial of the defendant No. 1 and also from demanding any sum in terms of the purported bill dated November 18. 2000 and also June 23. 2001 as mentioned in paragraphs 35A and 37A of the said application The plaintiffs have also prayed for injunction restraining the CESC authority, its men or agents from giving any effect or further effect to the new conditions of supply dated May 15, 2000 allegedly framed under Sec. 21 (2) of the Indian Electricity Act 1910.
(2.) At the time of entertaining this application, this Court did not grant any ad interim order of injunction but directed the CESC authority to file affidavit Pursuant to the said order the CESC authority has filed affidavit.
(3.) During the pendency of this application, the plaintiffs complained that the CESC authority has disconnected the supply of electricity. The aforesaid allegation has been disputed by the CESC authority by filling supplementary affidavit thereby asserting that on August 1,200 on an inspection it was found that a direct connection had been established from the feeder pillar box by using separate cable which led to the factory premises of the petitioner No. 1 without passing through the metering arrangement. The CESC authority alleged that the cut out box fuses has been removed together with the cable cores from the cut out of the meter for the purpose of making a direct connection from the main switch of the meter which would have the effect of bypassing the said meter. It further stated that the cable from the pillar box to the meter had been removed and the same had been connected directly to the feeder box by a tee Joint. According to the CESC authority, it was found that those meters have been disconnected for the purpose of reconnection with the main switch directly with the intention to bypass the said meters and as such the CESC authority had no occasion to disconnect electricity supply to the said meter through metering arrangement Accordingly, a complaint dated August 1. 2001 was lodged by CESC authority with the Maloipanchghora Police Station in respect of the said meters..;