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Initializing Secure Chambers
Petitioner: HABIB ADM LIMITED VS Respondent: KARACHI ELECTRIC SUPPLY CORPORATION LIMITED
Court Name: Sindh High Court Judge(s): Mushir Alam Title: HABIB ADM LIMITED vs KARACHI ELECTRIC SUPPLY CORPORATION LIMITED Case No.: C.M.As. Nos.4215, 4216 and 4217 of 2005 in Suit No,680 of 2005 Date of Judgment:2005-05-19 Reported As: 2005 CLC 1236 Result: Order accordingly
Judgment ORDER 1. Granted. 2. Granted, but subject to all just exceptions. 3. Controversy that has been raised in the instant suit appears to be demand raised by the defendants. According to learned counsel the plaintiff has made excess payment. The controversy as urged in the suit, when confronted to the learned counsel concede, falls within the purview of Sessions 24(2) and 26(6) of the Electricity Act, 1910. Let the controversy be referred to the Electric Inspector. In the meantime the plaintiff may deposit the current demand with the defendants and for the disputed amount deposit the same with the Nazir of this Court within three days. On deposit of the amount, the claim in the suit may be filed before Electric Inspector within seven days thereof. Electric Inspector is directed to decide the controversy within three months as provided under the provisions referred to above. The parties are entitled to avail remedy of the appeal, as provided under the Electricity Act itself. Till the decision is recorded by the Electric Inspector, the defendants may not take any coercive action for the recovery of the disputed amount. ' Let C.M.A. Be fixed in the second week after summer vacation when it is stated the suit may be finally disposed of.
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