1 caf3154 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3154 OF 2010 IN FIRST APPEAL ST.NO.19767 OF 2010 Bharat Chemical ...Applicant vs. The Executive Engineer, Maharashtra State Electricity Distribution Co.Ltd. & Ors. ...Respondents Mr.P.B.Shah for the applicant Ms A.R.S.Baxi for the respondent nos.1 to 4 CORAM : A.S.OKA,J. DATE : MAY 5, 2011 P.C.: 1 Heard learned counsel for the parties. It is not in dispute that the electricity supply to the premises of the appellant has not been disconnected. Though the trial Court has recorded a finding on the issue of jurisdiction against the appellants-plaintiffs, the trial Court has recorded a finding that the demand made by the respondent in the sum of Rs.3,94,300/- is illegal and not binding on the applicant. There is another finding recorded in favour of the applicant that the respondents have failed to prove that the applicant has committed theft of electricity and that the disconnection of the electricity supply was illegal. 2 In view of the aforesaid findings, the contention of the respondents that as a condition for grant of interim relief, the applicant be directed to deposit the amount of demand cannot be accepted as the demand is already held to be illegal. Hence, application is disposed of by passing the following order : 2 caf3154 i) Civil application is allowed in terms of prayer clause (a) subject to condition that the applicant will keep on paying the current electricity charges regularly and punctually. JUDGE