Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1313-2019 in S.C.Suit No. 2486/10. 1 Order.
MHCC010033962019
Presented on : 26-03-2019
Registered on : 26-03-2019
Decided on : 08-02-2023
Duration : 3 years, 10 months, 13 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1313 OF 2019
IN
S. C. SUIT NO. 2486 OF 2010
Anwar Muzaffar Hussain Sayyed )...Applicant
(Defendant no. 1 (a))
In the matter between
Musharruf Fayyaz Hussain Sayed )...Plaintiff
Versus
Mrs. Zahidabi Muzaffar Sayed and others )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
(Incharge of Court Room No.63).
DATE : 08th February, 2022.
Appearances :
Mr. Yusuf Baugwala, Advocate for defendants no.1(a) to 1(c).
Mr. Majib Ibji and Adv. Pallabi Chatterjee I/b Adv. Shri. Hemant
Ghadigaonkar, Advocate for the plaintiffs.
ORAL ORDER
1. Defendant No. 1 (a) has taken out the Notice of Motion for
direction to the plaintiff to pay 75 percent of Electricity Bills to
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N/m No. 1313-2019 in S.C.Suit No. 2486/10. 2 Order.
defendant no. 1 (a) in respect of the suit premises paid by defendant
no. 1(a) since November 2010 till date. He also claimed 75 percent
electricity bill during pendency of the suit. Perused Notice of Motion,
affidavit in reply and additional affidavit filed by defendant no.1(a).
Heard learned Counsel Shri. Yusuf Baugwala for defendant no.1(a) to 1
(c) and learned Counsel Shri. Majid Ibji for plaintiff.
2. On perusal of the record, it appears that this Court had
already directed the plaintiff to deposit 50 percent Electricity Bill in the
Court and it was further directed to deposit Rs. 10,000/ once in three
months. All these developments are part of the record. It is case of the
defendant no. 1 (a) that the plaintiff has been deliberately overusing
the Electricity which has burdened the defendant. The defendants have
annexed photographs in support of their contention. Learned Counsel
Shri. Yusuf Baugwala further pointed out para 7 of the plaint as per
which the plaintiff had been paying 50 percent Electricity Bill in respect
of the suit premises. He further pointed out para no. 7 of affidavit in
reply in which the plaintiff stated that he is ready to pay the entire
amount of the Electricity Bill to the BEST authority.
3. Learned Counsel Shri. Majib Ibji opposed the Notice of
motion by stating that the defendants are not withdrawing 50 percent
Electricity Bill deposited in the court and they are also not accepting the
cost imposed as per order in NM No. 4972 of 2015. According to him,
photographs cannot be considered for enhancing amount of Electricity
Bill to be paid by the plaintiff. He further drew attention towards status
quo order passed by this Court and additional affidavit filed by
defendant no. 1 and submitted that defendant no.1(a) has made
complaint and locked the suit premises in contravention of status quo
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N/m No. 1313-2019 in S.C.Suit No. 2486/10. 3 Order.
order. By raising all these contentions, he opposed the notice of motion.
4. Considering rival submissions and material on record, the
suit premises is said to be in joint possession of the plaintiff and the
defendants and work of ladies tailoring is being carried out in it. Both
sides have differences on the point of actual consumption of Electricity
by either side. These differences can be adjudicated while deciding the
matter on merits. Meanwhile, the plaintiff can be directed to deposit 75
percent Electricity Bill in the Court considering contents in para no. 7 of
affidavit in reply. Contents in para no. 7 of the affidavit in reply further
reveals that Electricity of the suit premises is disconnected and it is
required to be restored. If the plaintiff deposits 75 percent Electricity
Bill as per demand of the defendants and Electricity connection is not
restored, both sides will be deprived of enjoying possession of the suit
premises in better manner and basically for the purpose of their
business activities. Such sort of effect is not expected to be achieved by
recovering Electricity Charges from the plaintiff from November 2010
till the date of disconnection of Electricity Connection. Therefore, some
directions are required to be given while allowing the Notice of Motion.
Hence, I pass the following order :
ORDER
1. Notice of Motion No. 1313/2019 is made absolute in terms of
prayer clause (a) and (b) with direction to both sides to co
operate each other for restoration of Electric Meter connection to
the suit premises.
2. While recovering 75 percent Electricity Bill from the plaintiff,
amounts deposited in the Court in the past shall be taken into
account and only remaining portion shall be recovered from the
plaintiff.
3. By virtue of this order, all earlier orders regarding payment of
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N/m No. 1313-2019 in S.C.Suit No. 2486/10. 4 Order.
Electricity Charges are modified and superseded and this order
will continue to operate till further order.
4. Proceeding of N/m No. 1313/2019 is closed.
(Shri. R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 08/02/2023 Mumbai.
1. Dictated and typed on : 08/02/2022.
2. Signed on : 08/02/2022.
3. Delivered to Certified :
Copy Section on
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N/m No. 1313-2019 in S.C.Suit No. 2486/10. 5 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER (L.G)
10/02/2023 5.45 p.m. Mr. Mohit M. Patange
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 08/02/2023
Judgment/Order signed by P.O. on 08/02/2023
Judgment/Order uploaded on 10/02/2023
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