VINOD K.SHARMA, J. - (1.) THE petitioner by way of present revision petition has challenged the order dated 23.5.2005 passed by the learned Additional District Judge, Panipat, vide which the application moved by the respondent-plaintiff herein under Order 39 Rules 1 and 2 of the Code of Civil Procedure has been accepted by passing the following order :- "Keeping in view above discussion, the impugned order passed by learned trial Court is modified and it is directed that the plaintiff shall deposit an amount of Rs. 15,88,898/- with the defendants within a period of seven days from the date of passing of the order and on deposit of such an amount the defendants shall restore the electrical connection of the plaintiff and that too within a period of two days from the date of deposit of said amount. The appeal stands disposed of accordingly."
(2.) THE plaintiff-respondent has filed a suit seeking a decree of declaration with a consequential relief of permanent injunction with the averments that the plaintiff is a private company and is consumer having electricity connection bearing No. LS 8 with sanctioned load of 999.612 KWs. The premises of plaintiff-respondent was checked by ADV along with other staff on 12th of January 2005 from 3.15 a.m. to 8.30 a.m. and the plaintiff-respondent was found committing theft of electric energy by using illegal means. The directions for deposit of Rs. 1,24,71,185/- (Rs. one crore twenty four lacs seventy one thousand one hundred eighty five only) were issued. It is further stated that on deposit of the said amount, electric connection was to be restored. The suit was contested and it was claimed that the suit was not maintainable. It was also pointed out that even on earlier occasions, the plaintiff-respondent was found committing theft of electric energy and a penalty of Rs. 75,28,263/- (Rs. Seventy five lacs twenty eight thousand two hundred sixty three) was imposed. It was also pleaded that a criminal case is also registered against the plaintiff-respondent.
(3.) THE learned trial Court ordered the restoration of electricity on deposit of Rs. 80,00,000/- (Rs. Eighty lacs only). In appeal, the order reproduced above was passed.;