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Deputy vs K-Jill

High Court Of Gujarat|14 June, 2012

JUDGMENT / ORDER

1. Heard Ms. Lilu K. Bhaya, learned advocate for the petitioner.
2. Under order dated 17.2.2012 office was directed to issue Notice making it returnable on 5.3.2012. The cause list shows that the process has been duly served.
3. Though served respondents have not entered appearance.
4. On perusal of the details mentioned in Column No.8 of the Inspection Report dated 29.5.2010 it appears that the respondent has been using the electricity for the purpose other than the purpose for which supply connection came to be granted to the respondent. Therefore, the supplementary bill was issued. Aggrieved by the said action of the petitioner the respondent had preferred appeal before the appellate authority.
5. It is not in dispute that at the relevant time i.e. while preferring appeal the petitioner deposited 50% of the amount i.e. Rs.77,860/- of supplementary bill. The Appellate Authority has directed the petitioner to modify the supplementary bill and raise fresh bill as per the direction in the order dated 11.4.2011. It is not clear as to whether such bill has been raised as per the said order or not. It would be for the petitioner to decide further course of action with regard to the direction contained in the operative part of the order. However in view of the fact that 50% amount of supplementary bill has already deposited by the respondent, any interim relief either for further recovery or for refund, cannot be granted at this stage. Therefore, below mentioned order is passed.
Rule.
No case for interim relief at this stage. Therefore interim relief is not granted.
(K.M.THAKER,J.) Suresh* Top
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Title

Deputy vs K-Jill

Court

High Court Of Gujarat

JudgmentDate
14 June, 2012