| Citation(s) |
|---|
| 2011 SLG 2220 2011 SLD 2220 2011 PLD 48 |
Quetta High Court
R.S.A. No. 1 of 2009, decided on 31st March, 2011. DATE of hearing: 17th September, 2010
MRS. SYEDA TAHIRA SAFDAR, J
Malik Sarwar Awan for Appellants. H. Shakil Ahmed for
Respondent
R.S.A. No. 1 of 2009, decided on 31st March, 2011. DATE of hearing: 17th September, 2010
MRS. SYEDA TAHIRA SAFDAR, J
Malik Sarwar Awan for Appellants. H. Shakil Ahmed for
Respondent
Messrs LASBELLA INDUSTRIAL ESTATE DEVELOPMENT AUTHORITY, HUB through Managing Director and another
VS
Messrs PRISM PRINTER (PVT.) LTD. through Director
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----Ss. 2(2), 33, O.XX, Rr. 6, 7 & 8---Decree---Necessary ingredients---Decree should follow and it should not only contain number allotted to the suit but also complete names and description of the parties with particulars of claim and also relief specified clearly therein---Decree should agree with the . (b) Electricity Act (IX of 1910)--- ----Ss. 2(c), 2(h), 24, 36 & 54-C---Electricity Rules, 1937, Abridged Conditions of Supply, Conditions, 19 & 25 ---Specific Relief Act (I of 1877), Ss.42 & 54---Electricity charges---Dispute, resolution of---Bar on jurisdiction of civil court---Plaintiff was aggrieved of disconnecting electricity connection by defendant due to non-payment of disputed electricity dues---Validity---There existed relationship of licensee and consumer between the parties, therefore, dispute arising between them, which was with respect to electricity dues, was to be referred to Electricity Inspector in accordance with the provisions of Electricity Act, 1910---Plaintiff admitted that electricity charges were paid by him but notice of disconnection was issued in respect of non-payment of dues which was received by plaintiff---Notice issued by defendant was within the meaning of provisions contained in S.24 of Electricity Act, 1910, thus dispute was to be referred to Electricity Inspector appointed under S.36 of Electricity Act, 1910---Bills of electricity charges were issued as per Condition No.19 of Abridged Conditions of Supply attached to Electricity Rules, 1937---While Condition No.25 of Abridged Conditions of Supply provided the procedure for resolving of disputes arising between the department and consumer; there was a bar on jurisdiction of civil court, as contained in S.54-C of Electricity Act, 1910---Trial Court lacked the jurisdiction to the extent of determination of electricity charges and liability of its payment---Relief to the extent of issuance of 'No Objection Certificate' of no dues and restoration of electricity supply based on payment and clearance of dues, therefore, relief to that extent could not be granted until and unless matter was decided by relevant authority under…
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