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Judgment
VIDE impugned order dated 6. 12. 2007, the District Forum, declined to give interim relief to the appellant for restraining the respondent from disconnecting the electricity on the premise that the allegations make prima facie a case of theft of electricity.
IN our view such a conclusion could not have been drawn by the District Forum at the stage of admission of the complaint without calling for the reply of the respondent against the allegations of the appellant. In the result the appeal is allowed at the outset, impugned order is set aside and the matter is sent back to the District Forum with the direction to decide the interim application after calling reply of the respondent on the application as well as on merit of the complaint.
The appellant shall appear before District Forum on 28. 2. 2008 for the aforesaid purpose.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.