M/S Vishal Stone Crusher v. Sub Divisional (Op) Uhbvnl Ltd Sub Divn And ORS

YOGESH SHARMA 2018.12.04 10:49 I attest to the accuracy and integrity of this document CR-8161-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-8161-2018 (O&M) Date of decision : 01.12.2018 M/s Vishal Stone Crusher ... Petitioner

Versus

Sub Divisional (OP) UHBVNL Ltd. and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Mandeep Singh, Advocate for the petitioner.

**** AMIT RAWAL, J.

The present revision petition is directed against the impugned order dated 04.10.2018, whereby while entertaining the appeal along with interim application, disconnection of the electricity of the premises of the petitioner-plaintiff has been stayed subject to deposit of 50% of the arrears amount.

Learned counsel for the petitioner-plaintiff submitted that since 2012, business of stone crushing in the name and style of M/s Vishal Stone Crusher is stopped owing to instructions of the Government i.e. there is complete ban. In such circumstances, the plaintiff is not able to pay the amount.

I am afraid the aforementioned argument has not come within the parameters of Order 39 Rules 1 and 2 of the Code of Civil Procedure. Prima facie balance of convenience and irreparable loss is not in favour of

YOGESH SHARMA 2018.12.04 10:49 I attest to the accuracy and integrity of this document CR-8161-2018 (O&M) the plaintiff, particularly when he was not successful in laying challenge to the demand before the trial Court.

No ground is made out for interference. Accordingly, the revision petition is dismissed.

01.12.2018 Yogesh Sharma ( AMIT RAWAL ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No