- (1.) This is an appeal preferred by the Punjab State Electricity Board against the judgment and decree dated 12.11.1984 passed by the Appellate court dismissing the appeal of the appellant against the judgment and decree dated 25.11.1982 decreeing the suit of Sagar Gupta, respondent, for mandatory injunction directing the appellant/Board to restore the electric connection in the premises 41-R, Industrial Area, B, Ludhiana.
(2.) Having remained unsuccessful in both the courts, defendants/appellants is in the instant second appeal before this Court.
(3.) Brief facts of the case are that the plaintiff/respondent filed a suit for mandatory injunction directing the defendant/appellants to restore electric connection bearing No.JM-15/284 installed in the premises No. 41-R, Industrial Area 'B', Ludhiana. It was further averred that the flying squad removed the said connection on the ground that the seals of electric meter were tampered and the Electric Meter was to be sent for examination by M&T Department. The plaintiff also averred that the defendant/appellants subsequently agreed to restore the said connection subject to deposit of Rs. 10,000/-, which the plaintiff deposited with the defendant/appellants. The new meter was installed. The plaintiff/respondent regularly paid the electric bills upto June 1981. However, on 19.6.1981 the Board sent a letter to the plaintiff to deposit another sum of Rs. 39837.39/. The plaintiff/respondent did not deposit the said amount and ultimately the said connection was disconnected temporarily. It was further averred that due to illegal act of defendant/appellants, the plaintiff/respondent suffered loss of lackhs of rupees by the closure of his factory.;