Case Note & Summary
The dispute arose between the Gujarat Electricity Board and Citizen Synthetics regarding an order passed by the learned 5th Joint Civil Judge (S.D.), Bharuch in Special Civil Suits Nos. 215/95 and 10/96. The appeals were filed against an order that considered the electricity consumption for the last twenty days, which the appellant contended was incorrect as it should have been based on the last six months. The respondents, represented by Mr. P.B. Majmudar, consented to the setting aside of the impugned order. The court ordered the respondents to deposit an additional amount of Rs. 1,50,000 in each matter within four weeks, clarifying that the reconnection of electricity supply was contingent upon this deposit. The court also directed that the amounts deposited would be treated as deposits and would be refunded with interest if the respondents succeeded in the suits. The appeals were disposed of with no order as to costs, and the trial court was instructed to expedite the hearing of the suits, preferably within six months. The observations made by both the trial judge and the High Court were deemed tentative and would not affect the final decision in the suits.
Headnote
A) Civil Procedure - Setting Aside of Order - Incorrect Consideration of Period - Code of Civil Procedure, 1908 - The learned Judge's order was set aside as it incorrectly considered the electricity consumption for the last twenty days instead of the last six months. The respondents consented to the setting aside and agreed to deposit an additional amount, which was ordered by the court. Held that the trial court should expedite the hearing of the suits (Paras Not mentioned).
Issue of Consideration
Whether the learned Judge correctly considered the consumption of electricity supply for the last twenty days instead of the last six months.
Final Decision
The court set aside the impugned order and directed the respondents to deposit an additional amount of Rs. 1,50,000 in each matter within four weeks. The reconnection of electricity supply was made contingent upon this deposit, and the trial court was instructed to expedite the hearing of the suits.
Law Points
- Setting aside of impugned order
- deposit of additional amount
- reconnection of electricity supply
- expeditious disposal of suits
