B L KANTROO Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) THIS appeal has been filed by the appellant (herein after referred to as "plaintiff") against the order dated 12. 2. 2008 passed by the learned Single judge of this Court whereby the suit of the plaintiff seeking a declaration that the bill for Rs. 34,23,386/- issued by the defendants is false and illegal and also seeking consequential relief of permanent injunction against the defendant from disconnecting electricity supply to the plaintiff's premises i. e. Charitable Hospital "arandhati Hospital" was dismissed.

(2.) THE plaintiff filed the suit CS (OS) No. 278/2008 for declaration and permanent injunction before this Hon"ble Court with the following prayer :

(3.) THE said suit alongwith the injunction application under Order XXXIX rule 1 and 2 CPC was listed on 12th February, 2008 and after hearing the learned counsel for the parties, the learned Single Judge rejected the plaint on the ground that the suit is not maintainable under Order VII Rule 10 and 11 of CPC mainly on the reason that the concerned matter falls within the jurisdiction of assessing officer under Section 126 or and adjudicated officer appointed under the Act and on the ground that the subject matter of the present suit cannot be decided in view of Section 145 of the Electricity Act.