DEPUTY ENGINEER Vs. VRAJLAL MANSUKHLAL JAGANI

JUDGEMENT

(1.) HEARD learned advocate Ms.Falguni Trivedi for the petitioner and learned advocate Shri CL Soni for the respondent.

(2.) THE petitioner has challenged an order dated 10th August 2007 passed by the learned Presiding Officer, 7th Fast Track Court, Gandol in Civil Misc. Appeal No.26/07. By the said order, the appellate Court had rejected the appeal of the petitioner and confirmed the order dated 20th June 2007 passed by the Principal Civil Judge, Dhoraji below Ex.5 in Regular Civil Suit No.59/07 filed by the respondent herein.

(3.) THE petitioner is an Electricity Company providing electricity to the consumers. The respondent was given one such electricity connection for his domestic use. Father of the respondent also was granted one such connection. Apparently, father of the respondent expired since long time. However, electricity connection granted in his name was not discontinued. In a surprise check carried out by the petitioner of the premise of the respondent, it was found that both the connections were put to unauthorized use. So far as the connection of the respondent is concerned, a bill of Rs.3962.50 was issued which the respondent paid up. Regarding other connection which was in the name of the father of the respondent, considering the misuse, the petitioner issued a bill of Rs.82,523.88. Since the respondent refused to pay the said amount, his own connection was discontinued. He, therefore, filed the above mentioned regular civil suit and also prayed for mandatory injunction directing the petitioner to reconnect his electricity supply. Below Ex.5, the Trial Court passed order in his favour granting 7 days to the petitioner to reconnect the electricity supply of the respondent. The petitioner herein unsuccessfully appealed against the said order. The petitioner company is therefore before this Court challenging these orders passed by the courts below.