- (1.) This is plaintiffs second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration with consequential relief of permanent injunction was dismissed by the Courts below.
(2.) The appellant filed a suit for declaration to the effect that the defendant-respondent had issued an illegal demand notice for recovering a sum of ? 2,13,814/- on the basis of a false report alleged to be prepared on the basis of a raid conducted in his house on 5.6.2008 in his absence.
(3.) The suit was contested by the defendant-respondent raising various preliminary objections. It was contended that on 5.6.2008, a raid was conducted and it was found that electricity was being tapped from LT sub-line of DHBVNL with the help of 10 mm PVC wire (black colour) with one end connected to sub line and other end connected in main board. The checking report was duly handed over to the appellant. However, he refused to sign the same. Thereafter, as per the provisions of Section 135 of the Electricity Act, 2003, an assessment notice was issued, whereby penalty of ? 1,65,874/- was imposed upon the appellant with an option to compound the criminal offence under Section 152 of the Electricity Act on payment of ? 48,000/-. It was further claimed that the Civil Court had no jurisdiction to adjudicate upon the dispute and therefore, the suit deserves to be dismissed.;