Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
NOTICE OF MOTION NO.29 OF 2018
IN
SUIT NO.4839 OF 2012
Mr.Lalji Ramawadh Gupta ..Plaintiff
Versus
Mrs.Hirabai Suresh Khedkar
(deceased) and 1(a) to 1(d) ..Defendants
Ld. advocate Dubey for the plaintiff
Ld. advocate Arvind Taral for defendants
CORAM: HIS HONOUR JUDGE
SHRI M.SALMAN AZMI
DATE: 12/02/2020
ORAL ORDER
1. This notice of motion is tendered by the defendants
for directing to the Electricity Authority to restore the
old or new electric meter in the name of the
defendants which was removed by the Reliance
Energy Limited in the month of November-2017.
2. Heard.
3. The contention of the defendants is that Reliance
Energy Limited has removed their existing meter
which was granted to the defendants in the month
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of October 2017. Defendants have also written letter
to the Reliance Energy not to remove the old
electricity meter and defendants have no objection
to install new electricity connection in their name.
Despite all the two letters, Reliance Energy Ltd., have
disconnected the exisiting electricity meter in the
name of their late mother and installed the electricity
meter in the name of the plaintiff. The act of
Reliance Energy is arbitrary and without following
due process of law. The defendants do not dispute
to install the electricity meter in the name of the
plaintiff. Therefore the present notice of motion is
filed by the defendants.
4. The notice of motion is opposed by the plaintiff that
defendants have not made Reliance Energy as a
party. In their absence no orders can be passed
against Reliance Energy. The defendants are having
electricity meter in the name of their deceased
mother adjacent to the suit premises and defendants
are in possession of the premises admeasuring 5x8
feet and there is common wall between the suit
premises and adjacent premises. One meter is
standing in the name of deceased mother of
defendants and defendants are using the said
premises and there is no need to grant the separate
electricity meter for the said premises. This Court
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passed an order in Notice of motion no.1460 of 2014
restraining the defendants not to interfere in the
process of installation of the electricity meter in the
suit premises by the authorities in the name of the
plaintiff. Accordingly, the order was complied with
by the Electricity Authority. The mezzanine floor
premises is in possession of the defendants.
Defendants are getting the electricity supply through
the adjacent premises. Hence, prayed for rejecting
the notice of motion.
5. At the outset the suit is not filed by the defendants.
There is no counter claim filed by the defendants.
The suit is for specific performance of the contract.
The interim relief in the suit is always in aid to the
main relief. The defendants are claiming restoration
of old or new electricity meter. The Reliance Energy
is not a party to the suit. In the absence of Reliance
Energy, no effective order can be passed. The relief is
in the nature of mandatory i.e. for the installation of
old or new meter in the name of defendants. The
direction is required to be given to the Reliance
Energy. In a suit filed by the plaintiff the defendants
are seeking interim relief that too mandatory relief.
The mandatory relief cannot be granted only in
exception circumstances. Exceptional case is neither
pleaded nor prima facie established. Even there is
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nothing in the affidavit to show that which meter
was removed and when it was removed. No case is
made out for grant of relief. Thus, this notice of
motion needs no consideration. Hence, it is
expedient to pass following order:-
ORDER
1. N/M No.29/2018 stands rejected.
2. Costs in the cause.
3. N/M No.29/2018 is disposed off accordingly.
12/02/2020 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 12/02/2020
Transcribed on : 28/02/2020
Signed on : 03/03/2020
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
04/03/2020 at 4.00 pm.
MRS.T.C.KAMBLE
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of judgment/
order
12/02/2020
Judgment and order signed by P.O. 04/03/2020
Judgment/order uploaded on 04/03/2020
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