Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,S.151

Law: Electricity Act, 1910

Section: 20(2)

(a) Electricity Act (IX of 1910)-------S. 20---Consumer Service Manual, Chap.7, 8 & 14---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss.42 & 55---Suit for declaration and mandatory injunction---Failure of electricity company to provide steady and regular power supply for its industrial use forced plaintiff to set up Captive Power Plant for continuing its business activities---Notices issued by company to disconnect plaintiff's electric supply and/or captive generators for non-utilizing sanctioned load or keeping same as standby---Application under O.XXXIX, Rr.1 & 2, C.P.C. by plaintiff seeking restraint orders against company---­Validity---Provisions of Electricity Act, 1910 including its S.20 and Chap.7, 8 & 17 of Consumer Service Manual did not provide any occasion to disconnect electric supply in such case---Mere "non-use" or non-usage" of electricity would not be included in word "use" finding mention in Cl.8.1 of Chap.8 of Consumer Service Manual---Purpose for which load had been sanctioned was for its usage by plaintiff and since such purpose was not being observed by him, thus, he could not be said to be using electric connection for another purpose---­Primary source of electric supply by plaintiff was not which company was supplying to him, but was through captive power plant---Electricity of plaintiff could be disconnected on account of under-usage and only extended load beyond sanctioned load---Keeping sanctioned load as standby by an industrial consumer would mean that he had kept same for purpose other than for which same was sanctioned and such non-usage would be violative of Proviso (ii) of Clause 8.1 of Ch. 8 of Consumer Service Manual---Plaintiff's plea raised in response to impugned notices was that he was using sanctioned load as a standby and not as main source, thus, company was well within their right to disconnect his electricity---Plaintiff had no prima facie case and balance of convenience did not lie in his favour---Plaintiff's plea was that use of sanctioned load from company was causing colossal losses, thus, he would not suffer irreparable loss in case of dismissal of…

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