MEGHALAYA POWER DISTRIBUTION CORPORATION LTD Vs. JUD CEMENTS LIMITED

JUDGEMENT

(1.) The petitioners have filed the present petition seeking directions to the Assistant to Deputy Commissioner, Khliehriat to pass order on the application bearing Misc. Case No. 13 of 2015 in T.S. No. 12 (T) of 2015 expeditiously.

(2.) The facts giving rise to the present petition are that the respondents filed a suit for declaration and permanent injunction being T.S. No. 12 (T) of 2015 before the Assistant to Deputy Commissioner, Khliehriat. The respondents herein (plaintiffs in the original suit) claimed the relief of declaration that the respondents are entitled to uninterrupted power supply to its plant and that the petitioners herein are not authorized to disconnect the electricity to the plant of the respondents without first giving mandatory notice under Section-56 of the Electricity Act, 2003. The respondents herein also prayed for permanent injunction restraining the petitioners herein from illegally disconnecting the power supply to the plant of the respondents and interfering in any manner with the same.

(3.) Alongwith the said suit, the respondents herein moved an application under Order-39 Rule 1 and 2 of C.P.C. bearing Misc. Case No. 13 of 2015 praying for injunction restraining the petitioners from disconnecting the power supply to the plant of the respondents.