- (1.) Present revision petition has been filed against the orders passed by the Courts below vide which the temporary injunction has been granted in favour of the plaintiffs-respondents on their depositing 20% of the disputed amount within 7 days. The directions have been issued to the petitioners herein to restore electricity supply to both premises within two days from the date of deposit of the 20% of the disputed amount and also not to bill the tariff rate by clubbing the accounts till disposal of the suit. The rights of the petitioner-defendants have been protected by the learned Courts below by ordering as under :- "In case, the suit of the plaintiffs will fail, the plaintiffs will pay the entire due amount to the defendant which would have been due in case the electricity connection would have been clubbed but have not clubbed due to the stay along with interest at the rate of 12% per annum till payment."
(2.) The only contention of the learned Sr. counsel for the petitioners is that: in view of the provisions of Section 145 of the Electricity Act. 2003 the Civil Court did not have the jurisdiction to entertain and try the suit and, therefore, no injunction could have been granted. Section 145 of the Electricity Act, 2003 reads as under : "145. Civil Court not to have jurisdiction - No Civil Court shall have Jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in Sec. 126 or an appellale authority referred to in Sec. 127 or the adjudicating officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act."
(3.) The reading of Section 145 of the Act shows that the matters falling under Section 126 of the Electricity Act, 2003 are excluded from the jurisdiction of the Civil Court. Section 126 of the Act reads as under :- "126. Assessment.- (1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use. (2) The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed. (3) The person, on whom a notice has been served under sub section (2). shall be entitled to file objections, if any. against the provisional assessment before the assessing officer, who may, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment of the electricity charges payable by such person. 4) Any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him : Provided that in case the person deposits the assessed amount, he shall not be subjected to any further liability or any action by any authority whatsoever. (5) If the assessing officer reaches to the conclusion that unauthorized use of electricity has taken place, it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately preceding the date of inspection is case of domestic and agricultural services and for a period six months immediately preceding the date of inspection for all other categories of service, unless the onus is rebutted by the person occupier or possessor of such premises or place. (6) The assessment under this section shall be made at a rate equal to one and half times the tariff applicable for the relevant category of services specified in subsection (5). Explanation .- For the purposes of this section.- (a) "assessing officer" means an officer of a State Government or Board or licensee, as the case may be, designated as such by the State Government; (b) "unauthorized use of electricity" means the usage of electricity - (i) by any artificial means; or (ii) by a means not authorized by the concerned person or authority or licensee; or (iii) through a tampered meter; or (iv) for the purpose other than for which the usage of electricity was authorized.";