Law: Electricity Act, 1910

Section: 26(6),54A

Law: Electricity Act, 1910

Section: 26(6),54A

Electricity Act (IX of 1910)-------S. 54---Suit for recovery of amount---Submission of defendant was that pursuant to the decision of the Electric Inspector he had made payment through a pay-order dated 17-12-1987---Counsel for plaintiff on the other hand had stated that said pay-order appeared to be of 17-12-1983---Counsel for defendant had claimed that pay-order dated 17-12-1987, contained the exact amount which was determined by the Electric Inspector vide his decision---No further proceedings after the decision of the Electric Inspector was taken by the plaintiff and without contesting before Electric Inspector pressed the suit, which was filed prior to the decision of Electric Inspector---Division Bench of High Court, having specifically referred the matter to the Electric Inspector for decision and decision had been given; and as claimed by the defendant, payment pursuant to the decision, had been made, suit had become infructuous which however, would not prejudice right of the plaintiff to question its claim that pay - order was dated 17-12-1983. Muhammad Ikram Siddiqui for Plaintiff. Riaz A. Waheed for Defendant. ORDER FAISAL ARAB, J.--- Today both the counsel unanimously agreed that suit may be disposed of only upon examination of documents produced in evidence as Exhs.4/16, 4/18, 4/19 and 4/20. Exh.4/16 in the judgment passed in C.P. No.D-517 of 1982 by Mr. Justice Nasir Aslam Zahid and Justice Ali Nawaz Budhani as they then were, where Division Bench has made the following observations:--- "This is neither a case of admitted demand nor recovery of bills made and sent in the normal course on the basis of readings of a meter. This is a case covered by section 26 of the Act and referable under section 26(6) to the Electric Inspector for his decision and until the amount had been determined by the Electric Inspector under section 26(6), the amount claimed by the K.E.S.C. and disputed by the petitioner could not have been recovered as appears of Land Revenue through Assistant Commissioner, East, Karachi under section 54-A of the Electricity Act 1910. As a result the notice, dated 16-1-1982 of the Assistant Commissioner, East, Karachi is declared to have…

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