Case Note & Summary
The dispute arose from a Civil Revision Application filed by the original plaintiff against a judgment rendered by the Third Extra Assistant Judge, Rajkot. The lower appellate court had ordered that the petitioner was entitled to reconnection of electricity upon depositing 50% of the outstanding amount of Rs. 1,37,736.25, which was the liability of the previous consumer. The petitioner contested this order, arguing that the amount was too high and that he was unable to start his business due to the lack of electricity. After hearing the arguments from both sides, the court facilitated a consensus. It was determined that the petitioner would pay Rs. 30,000 as an initial payment, with the remaining balance to be paid in monthly installments of Rs. 5,000 starting from June 1, 1996. The court also stipulated that the GEB would reconnect the electricity upon receipt of the initial payment. The court's decision modified the lower appellate court's order, allowing the petitioner to manage his financial obligations while ensuring the reconnection of electricity necessary for his business operations. The application was thus allowed to the extent of these modifications, with no costs awarded.
Headnote
A) Civil Procedure - Reconnection of Electricity - Payment Terms - Civil Revision Application - Court modified the lower appellate court's order regarding reconnection of electricity, allowing the petitioner to pay a reduced amount upfront and the balance in installments. The court directed that the GEB shall reconnect the electricity upon payment of the initial amount, ensuring the petitioner can commence business operations (Paras 2-3).
Issue of Consideration
Whether the petitioner is entitled to reconnection of electricity and under what payment terms.
Final Decision
The court modified the lower appellate court's order, allowing the petitioner to pay Rs. 30,000 upfront and the remaining balance in installments of Rs. 5,000 monthly, with reconnection of electricity contingent upon the initial payment.
Law Points
- Civil Revision Application
- Reconnection of electricity
- Payment terms
- Liability of previous consumer
