Case Note & Summary
The dispute involved IND ISABGUL CORPORATION and GUJARAT ELECTRICITY BOARD concerning a supplementary bill of Rs.20,16,940.40. The appellant sought to withdraw Special Civil Suit No. 59/95 pending before the Civil Judge at Patan to approach the Appellate Committee of the respondent Board for redressal. The court, upon consent from both parties, allowed the withdrawal of the suit and set conditions for the appellant to follow. The appellant was required to pay 30% of the supplementary bill in instalments, with the first instalment due by April 30, 1996. The court ordered that upon payment of the first instalment and withdrawal of the civil suit, the appellant's power supply would be restored. The respondent Board was directed to entertain the appeal without technical objections regarding the filing period, provided the payment conditions were met. The court emphasized that if the Appellate Committee upheld any part of the appellant's contention, appropriate credits would be given in future bills. The appellant was also required to file an undertaking to abide by the conditions set forth. The appeal was dismissed as withdrawn, with no order as to costs.
Headnote
A) Civil Procedure - Withdrawal of Suit - Permission to Withdraw - Code of Civil Procedure, 1908 - The appellant sought to withdraw Special Civil Suit No. 59/95 to approach the Appellate Committee regarding a supplementary bill. The court permitted the withdrawal subject to conditions regarding payment and compliance with the Conditions of Supply. Held that the appellant must comply with the stipulated conditions for restoration of power supply (Paras 1-11).
Issue of Consideration
Whether the appellant can withdraw the civil suit and approach the Appellate Committee for redressal regarding the supplementary bill.
Final Decision
The court permitted the appellant to withdraw Special Civil Suit No. 59/95 and approach the Appellate Committee, subject to conditions regarding payment of the supplementary bill. The appeal was dismissed as withdrawn with no order as to costs.
Law Points
- Withdrawal of civil suit
- Appellate Committee
- Conditions of Supply
- Payment of supplementary bill
- Restoration of power supply
