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H.V.P.N.L. & ORS versus SMT.SARLA DEVI BHATIA & ORS

High Court of Punjab and Haryana, Chandigarh

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H.V.P.N.L. & Ors v. Smt.Sarla Devi Bhatia & Ors - RSA-809-2006 [2006] RD-P&H 773 (15 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No.809 of 2006

Date of Decision: .02.2006

Parties Name

H.V.P.N.L. and others

Appellants

versus

Smt.Sarla Devi Bhatia and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri K.S.Malik, Advocate for the appellants JUDGMENT

Predecessor in interest of the respondents-plaintiffs filed a suit for declaration to the effect that demand of Rs.1,04,240/-, by way of penalty imposed by the appellants-defendants, be declared illegal, as he has never committed any theft of energy, as alleged, against him. Suit was decreed.

Appellants failed in appeal.

Both the Courts below, after taking note of the evidence on record, has given a categoric finding that when defective electric meter was removed from the premises of the respondents, it was not brought to their notice that there existed any hole in outer body of the meter. Meter, when removed, was not sealed. It was not sent to the electrical inspector or laboratory for checking. It is apparent from the records that it was the plaintiff, who had brought it to the notice of the electricity department, that the electric meter was defective and on request made, the same was removed. In view of findings given by

the appellate Court below in paragraph Nos.8 to 10, no case is made out for interference in pure findings of fact as counsel has failed to raise any substantial question of law at the time of arguments.

Dismissed.

February 23, 2006 ( Jasbir Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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