Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 42, 39 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 8---Plaintiff, a steel mill (public sector entity), in a suit for declaration, cancellation, injunction and damages, filed application seeking interim injunction against Water & Sewerage Board stating therein that for the purpose of its operations, the plaintiff needed huge quantity of water on a daily basis (running into millions of gallons per day), for which it was billed by the Water and Sewerage Board---Basic contention of the plaintiff was that the water being supplied to it came from, or belonged, to the Provincial Government and that the Water and Sewerage Board was not entitled to charge for the same and that in addition to the water charges claimed by the Board, it also charged for Sewerage and Conservancy and for fire fighting purposes, thus the bills raised and demands made from time to time by the Water and Sewerage Board had four distinct elements---Plaintiff's case was that (for the various reasons stated in detail) it was not liable to make payment to the Board in respect of any of said charges---Plaintiff also claimed that it was entitled to continued supply of water, thus the interim relief sought was that its water supply should not be disrupted for any alleged non-payment of the billed amounts---Validity---High Court disposed of the application in the terms that the Water and Sewerage Board, the City District Government and the Provincial Government were restrained from preventing, restricting or hindering the supply of water to the plaintiff in any manner interfering in or with the same subject to the terms that the plaintiff was liable to make payment of water charges as per the Agreement, and the Board was empowered to bill for and collect the same; that plaintiff and the Board shall be at liberty to compute the amount payable up to the date of present order on the stated basis, and if there had been (according to the plaintiff) any overpayment, or (according to the Board) any underpayment, then the concerned party shall be entitled to make an appropriate application for such orders as the court may deem appropriate;…

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