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2001 DIGILAW 582 (CAL)

CESC Limited v. Jain Poly Plastics

2001-09-07

Asit Kumar Bisi, Tarun Chatterjee

body2001
JUDGMENT The Court: This appeal is preferred against the judgment and/or order being Order No. 36 dated 12th April, 2001 passed by Shri A. Mukherjee, Judge, 10th Bench of the City Civil Court at Calcutta in Title Suit No. 275/99 by which the learned Judge has allowed the application for injunction filed by the plaintiff/respondent and dismissed the application filed under Order 39 Rule 4 of the Code of Civil Procedure by passing an order of injunction restraining the Calcutta Electric Supply Corporation Ltd. from dis-connecting the supply line to the plaintiff/respondent till the disposal of the suit. 2. We have heard Mr. Bose, appearing for the appellant and Mr. Roychowdhury for the respondent. After hearing the learned counsel for the parties and on going through the materials on record including the impugned judgment under appeal, we are of the view that a slight modification of the said order is required in the facts and circumstances of the case as stated hereinafter. 3. From a reading of the order of injunction passed by the Trial Court it appears to us that the Trial Court has passed a blanket order of injunction restraining the defendant/appellant from dis-connecting the supply line of the plaintiff/respondent. 4. Considering the facts and circumstances of the case we are of the view that it would be always open to the appellant to dis-connect the electric supply, if a new cause of action arises, that is to say, if any new pilferage allegation is made or allegation of non-payment of electricity bills is made against the respondent. That being the position, we dispose of this appeal by directing that the order that has been passed by the Trial Court shall remain, subject to this that the appellant shall be at liberty to take appropriate steps in the event a fresh cause of action arises for dis-connection of the electric supply. So far as removal of the metre in question is concerned, we are of the view that it would be open to the appellant to apply before the Trial Court for necessary order. It will also be open to the respondent to take appropriate steps in accordance with law, if any fresh cause of action arises regarding dis-connection of the electricity. 5. With the above observation, this appeal is disposed of. 6. It will also be open to the respondent to take appropriate steps in accordance with law, if any fresh cause of action arises regarding dis-connection of the electricity. 5. With the above observation, this appeal is disposed of. 6. In view of the order passed in the appeal, the application for stay has now become infructuous and the same IS disposed of as infructuous. There will be no order as to costs. Tarun Chatterjee, J. Asit Kumar Bisi, J. Order modified. Appeal disposed of.