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Judgment
THE complainant has filed this complaint for restoration of the electric connection regarding meter Nos. 8912274, 3220871 and 3227918. THEy have also moved an application for ad-interim injunction praying that till the decision of the complaint the respondent be directed to restore the electric connection.
THE complaint as well as the application has been contested by the respondents. It is inter-alia pleaded by them that the complainant had filed a civil suit in which they made a similar application for ad-interim relief and that suit is still pending. However, the application for ad-interim injunction was allowed subject to their depositing Rs. 5 lacs with the respondents. An appeal against that order has been dismissed by the Additional District Judge, Delhi vide order dated 24.4.92. THEy have further pleaded that in the aforesaid circumstances the complainant is not entitled to ad-interim relief prayed for by them. Mr. Anand, the learned counsel for the complainant has submitted that he has filed an application for withdraw of the suit which is pending before the Civil Court and the same will be allowed by the court on the next date. Regarding the application for ad-interim relief filed in the Civil Court he admits that the ad-interim relief was granted subject to their depositing rupees five lacs, by the Trial Court. He also admits that an appeal against that order has been dismissed by the Additional District Judge.
It is not disputed that after the application for adinterim relief was decided by the Civil Court the premises of the complainant have been disconnected by the DESU. Consequently he filed the present complaint for restoration of the electric connection. In our view,, in the facts and circumstances of this case a fresh cause of action has arisen to the complainant after their premises had been disconnected with the. electric connection and therefore, they could file this complaint. Consequently the present complaint is maintainable.
REGARDING the ad-interim relief claimed by the complainant it is the same relief which was claimed by them before the Civil Court. After the relief was granted by the Civil Court, it is not proper for this Commission to consider the application again. The complainant may seek his remedy in the High Court against the order of the Additional District Judge, if so advised. Consequently, we dismiss the application for ad-interim injunction, subject to the observations made above. Ad-interim Application dismissed.