S.B.Civil Second Appeal No. 206/2006 (Marlexo India v. The Chief Engineer, Ajmer Vidyut Vitran Nigam Ltd. and Others. Date of Order : : 08-01-2007 HON'BLE MR. PRAKASH TATIA, J. Mr.Himanshu Maheshwari, for appellant. Heard learned counsel for the appellant. The appellant is aggrieved against the judgment and decree of the trial Court dated 24th February, 1999, by which the trial Court dismissed the suit of the plaintiff filed for permanent injunction against the respondent-defendant as the respondent- defendant raised the demand of Rs.25,515/- against the appellant on the basis of the inspection report dated 26th February, 1997. The First Appellate Court dismissed the appeal of the appellant vide judgment and decree dated 19th May, 2005. Hence this second appeal. According to the learned counsel for the appellant, the two courts-below seriously erred in holding that the appellant was guilty of availing excess horse power and the two courts-below, ignoring the site inspection report which revealed that at the relevant time, Diesel Generator set (D.G. Set) was not installed near the appellants's unit, but was in the mine of the appellant and the machine was also installed in appellant's mine. It is also submitted that wires were not connected with the electric supply point. I considered the submissions of the learned counsel for the appellant and perused the facts and reasons given by the two courts below. The two courts-below have concurrently decided the question of fact against the appellant on the basis of the material available on record. No substantial question of law is involved. Hence, the appeal is dismissed. (PRAKASH TATIA), J. scd.