Recovery of money
SANKET UPADHYAY
(Querist) 26 March 2018
This query is : Resolved
'A' is a Electricity Distribution company and 'B' is a consumer of the 'A' company. The 'B' was detected in theft of electricity in 1993,therefore the supplementary bill was served by 'A'. Being aggrieved from such supplementary bill, the 'B' has filed a civil suit in civil court for setting aside the bill and permanent injunction.Meanwhile, the 'A',electricity company has also filed a civil suit for recovery of supplementary bill amount. The Civil Court has clubbed the both civil suits and delivered the Common Judgment.In the said judgment the civil court has allowed the suit filed by 'B' and setting aside the bill and granted permanent Injunction,as not to disconnection of energy connection. Being Aggrieved from the order of civil court, the 'A' has filed an appeal in appellant court.The Appeal Court has confirmed the judgment passed by the trial court.Then the 'A' has preferred a second appeal before High Court.Now, the High Court has delivered the judgment in favor of "A'. In the said judgment the high court has stated that the trial court has no jurisdiction to entertain the matter of theft of electricity, the Appellate Committee constituted under clause 34 of Electricity supply code has only jurisdiction in such type of matter.After that the high court has only ordered that the petition filed by petitioner is allowed and the decision passed by the trial court and appellant court is hereby set aside. Still the "B' has not filed an appeal against the said order.
Now the Question is ......How can the "A" recover the supplementary bill amount.
Guest
(Expert) 26 March 2018
Being of academic nature, AB does not seem to have any relevance to any of your personal problem and does not deserve any response in advice. It is purely an academic query.
R.Ramachandran
(Expert) 26 March 2018
The Electricity Company has many method to recover the amount.
In any case it is for them to recover. When they do recover, you will come to know ... oh that is one way.
By that time if you have not preferred any appeal, and did not get any stay from recovery, you will definitely be left with no remedy.
Ms.Usha Kapoor
(Expert) 27 March 2018
A can recover money after expiry of appeal period as the second appeal becomes final anything thereafter becomes resjudicata. and B can't challenge the second appeal decision gone in A's favor in a court of law.
