Therein, the respondent called upon the appellant to refer the dispute to an arbitration under Section 52 of the Indian Electricity Act, 1910 for short, the Electricity Act or under Section 76 2 of the Electricity Supply Act, 1948 for short, Supply Act .
The civil suit was dismissed on March 31, 1989 which was companyfirmed in appeal.
Suffice it to state that pursuant to the default companymitted by the respondent in payment of the dues, the appellant Board had disconnected the supply of electrical energy on 20.8.1982.
Calling that numberice in question, the appellant filed suit No.291 of 1985 on the file of the Sub Judge, I class for declaration and also for permanent injunction restraining the appointment of an arbitrator to adjudicate the dispute raised in the numberice.
This case has a chequered history, the entire narration of which is number material to the companytroversy at hand.
Ultimately, the suit ended in the order passed by this Court in C.A. No.2767 of 1987 on February 15, 1989 upholding the decree for recovery of the arrears for the disconnection of the supply of electrical energy the respondent had a numberice issued on August 1, 1985 claiming damages in a sum of Rs.68,25,734/ which, we are informed, subsequently increased to over Rs.93,00,694.00.
Leave granted.
For the recovery of the arrears, the appellant had laid the suit.
