Case Note & Summary
The present appeal was filed by the appellants, the Executive Engineer (G.E.B.) (now Pashchim Gujarat Vij Company Ltd) and others, challenging the judgment and decree dated 27.02.1996 passed by the learned Additional Civil Judge (SD), Gondal in Special Civil Suit No. 109 of 1991. The respondents, the original plaintiffs, had filed a suit for cancellation of a supplementary bill dated 04.10.1991 amounting to Rs.2,87,027.28 and for a permanent injunction restraining the defendants from disconnecting the electricity supply. The suit was resisted by the defendants by filing a written statement at Exhibit-14. The trial court framed issues at Exhibit-17, including whether the plaintiff proved that the supplementary bill was illegal, unjust and void; whether the defendants proved that the electricity connection was increased to 102 H.P. and that consumption was found less and objected in audit; and whether the plaintiff had tampered with the electric meter. The plaintiff examined himself at Exhibit-29. After considering the evidence, the trial court decreed the suit in favour of the plaintiff and directed the defendants to return the amount deposited by the plaintiff with interest at 12% per annum. Aggrieved, the defendants filed the present appeal under Section 96 of the Code of Civil Procedure, 1908. The High Court heard learned advocate Ms. Lilu Bhaya for the appellants and learned advocate Mr. P. M. Lakhani for the respondents. The court perused the record and found that the trial court had appreciated the evidence in detail and recorded findings of fact. The High Court noted that the supplementary bill was issued without any prior inspection of the premises and without giving any opportunity of hearing to the plaintiff. The court held that the trial court's findings were based on proper appreciation of evidence and there was no perversity or illegality. The appeal was dismissed with no order as to costs.
Headnote
A) Electricity Law - Supplementary Bill - Validity - The court considered whether a supplementary bill for alleged theft of electricity was valid when issued without prior inspection or opportunity of hearing - The trial court had decreed the suit in favour of the plaintiff, holding the bill illegal - The High Court upheld the decree, finding no perversity in the trial court's findings - Held that the supplementary bill was rightly cancelled as the defendants failed to prove tampering or proper audit objection (Paras 1-7).
Issue of Consideration
Whether the supplementary bill of Rs.2,87,027.28 dated 04.10.1991 issued by the defendants was illegal, unjust and void; and whether the plaintiffs were entitled to declaration and permanent injunction.
Final Decision
Appeal dismissed. No order as to costs.
Law Points
- Supplementary bill cannot be issued without proper inspection and opportunity of hearing
- Burden of proof on electricity company to prove tampering
- Section 96 CPC appeal against decree
