SUNIL KUMAR GARG,J. - (1.) The abovementioned six appeals are being decided by this common judgment as identical questions of law and facts arise in all of them. S.B. Civil First Appeal No. 6411985
(2.) This appeal has been filed by the defendants-appellants against the judgment and decree dated 19.4.1985 passed by the learned District Judge, Bharatpur in Civil Suit No. 31/1983 by which he partly decreed the suit of the plaintiff-respondent and further directed the defendants-appellants to issue fresh bills in respect of fuel surcharge keeping in view the directions given by this Court in Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board and Ors., AIR 1984 (Raj.) 131, meaning thereby the learned District Judge disallowed the element of interest on fuel surcharge.
(3.) It arises in the following circumstances : The plaintiff-respondent filed a suit for declaration and permanent injunction in the Court of District Judge, Bharatpur on 25.3.1983 stating inter alia that for his Oil Mill situated in Nai Mandi, Bharatpur, he had taken electricity connection from the defendants-appellants through agreement dated 27.3.1980 and for the billing month March, 1983, the plaintiff- respondent received bill dated 15.3.1983 issued by the defendants-appellants in which apart from the actual consumption of the electricity, the defendants-appellants further charged Rs. 73,181.17 as fuel surcharge. According to the plaintiff-respondent, the charging of fuel surcharge alongwith the interest was against the law and for setting aside that, the said suit was filed by the plaintiff- respondent. The suit of the plaintiff-respondent was contested by the defendants- appellants by filing a written statement on 4.7.1983 and in that written statement, it was averred by the defendants- appellants that the Electricity Board had the power to charge fuel surcharge alongwith interest. Hence, it was prayed that the suit of the plaintiff- respondent be dismissed. On the pleadings of the parties, the issues were framed on 19.7.1984. After hearing both the parties, the learned District Judge, Bharatpur through his impugned judgment and decree dated 19.4.1985 partly decreed the suit of the plaintiff-respondent holding inter alia that so far as the power of the defendants-appellants to charge fuel surcharge is concerned, the defendants-appellants had such power, but he came to the conclusion that since the fuel surcharge pertained to the period 1975 to 1980 and bill was issued in the year 1983, therefore, charging of interest on that was not permissible and, therefore, he directed the defendants-appellants to issue fresh bills after excluding the interest on fuel surcharge and in coming to the above conclusion, he placed reliance on the decision of this Court in the case of Delhi Cloth and General Mills Co. Ltd. (supra). Aggrieved from the said judgment and decree dated 19.4.1985 passed by the learned District Judge, Bharatpur, the defendants-appellants have preferred this first appeal. ;