Final Order 1

Order Details: Chamber summons
Pdf Text: C/S No.735/2019 ..1.. Suit No.2112/2016
CNR No.MHCC010037472019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.735 OF 2019
IN
SUIT NO.2112 OF 2016
Mohammed Latif Janmohoammed Khan .. Plaintiff
Versus
Ismail Jehangir Saudagar .. Defendant
Mr. D. A. Barot, advocate for plaintiff
Ms. Samiksha Kanani, advocate for defendant
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 04th May, 2019
ORAL ORDER
Chamber summons is taken out by the Plaintiff for giving
direction to Court Receiver, Incharge Registrar of City Civil Court to
grant him NOC for obtaining new Electric meter in his name in the suit
premises.
2. It is contended by Plaintiff that he has filed suit under section 6
of Specific Relief Act on the count that he has been forcibly dispossessed
by the defendant from suit premises. He has taken out notice of motion
for appointment of Court Receiver and for restoration of possession. In
view of order dated 12.04.2018 said notice of motion was allowed.
Defendant has filed Appeal from said order and Review Petition before
Hon'ble High Court at Bombay and same were rejected by Hon'ble High
Court. Thereafter, defendant has filed SLP before Hon'ble Supreme
-- 1 of 6 --
C/S No.735/2019 ..2.. Suit No.2112/2016
Court challenging aforesaid orders which was also rejected on
05.03.2019 by Hon'ble Supreme Court. The Plaintiff has taken out
Exh.10 directing the Court Receiver to hand over the keys of suit
premises to him as per Court order and defendant took out Notice of
Motion No.740 of 2018 for rejection of Exh.10 and for other reliefs.
Exh.10 and Notice of motion taken out by defendant have been decided
by this Court vide order dated 16.03.2019 and this Court was pleased to
dismiss Notice of motion and allowed Exh.10.
3. It is further contended that pursuant to said order Court
Receiver has handed over to him possession of suit premises on
19.03.2019. There was an electric connection in the suit premises and
electric meter and bills were in the name of defendant. During the
period of Plaintiff's dispossession, defendant has got disconnected the
electric meter of suit premises to harass him and so that he could not
enjoy suit premises. When Court Receiver handed over possession to
him on 19.03.2019, there was no electric supply in the suit premises. It
is contended by Plaintiff that he was and is doing the business in the
name and style Latif Sand Agency and Heena Transports. He is doing
business of building construction material in the suit premises. Without
electric supply, he is unable to do any business in the suit premises.
Electric supply is necessary and essential. Therefore, Plaintiff through
his Advocate's letter dated 25.03.2019 requested the Court Receiver to
give permission for new electric connection in the suit premises. The
Court Receiver has filed his report in this Court vide Exh.16. In the
circumstances Plaintiff has made prayer in above terms.
4. The defendant vide submissions contended that he has filed Writ
Petition against order dated 16.03.2019 in Notice of Motion No.740 of
-- 2 of 6 --
C/S No.735/2019 ..3.. Suit No.2112/2016
2018 for handing over keys to Court Receiver and for maintainability of
suit without making Mumbai Port Trust as party. It is contended that no
such relief of electric meter can be granted without making the Bombay
Port Trust, the owner of the property as party to the suit. More so, such
relief cannot be granted by taking out chamber summons. Accordingly,
it is prayed that chamber summons be dismissed.
5. Heard respective counsel for parties. Perused written notes of
arguments filed on behalf of defendant. Advocate for defendant has
placed reliance upon authority in the case of Chairman Pspcl and Ors.
V/s Dia LAWS(P & H)20184150 and urged to dismiss chamber
summons.
6. I have gone through said authority. It is not applicable to the
facts of present case. Therefore, same is not of assistance to the
defendant. I have also gone through reports of Court Receiver at Exh.15
and Exh.16. It appears from Exh.15 that possession of premises has
been handed over to Plaintiff by the Court Receiver i.e. Incharge
Registrar of City Civil Court and Plaintiff has passed possession receipt
in that respect on 19.03.2019.
7. From Exh.16 it appears that Plaintiff has given letter dated
25.03.2019 with request for restoration of electricity and NOC in his
favour to enable him to apply for new electricity connection in suit
premises. His report shows that electricity supply was disconnected by
defendant. It also shows that Plaintiff has yet not submitted indemnity
bond and agency agreement and therefore, submitted the report for
appropriate direction and orders. It is not clear whether Plaintiff has
complied with directions to execute agency agreement.
-- 3 of 6 --
C/S No.735/2019 ..4.. Suit No.2112/2016
8. I am not impressed by the submissions of defendant that prayer
made by the Plaintiff does not come within the ambit of chamber
business. It is pertinent to note that Rule 43 of Bombay City Civil and
Sessions Court Rules, 1948 provides the matters which are to be
disposed off in chamber. As per Rule 43(y) applications by receivers,
guardians and others relating to the management and disposal of
property can be taken out by chamber summons. So, supply of
electricity to suit premises is necessary for the purpose of management
of said property. Therefore, prayer made by Plaintiff comes within the
ambit of chamber work. Even otherwise as per Rule 43(aa) such other
matters as are not expressly required to be disposed of in Court, and
which the Judge thinks fit to be heard in Chambers and such other
applications as are herein directed to be made in Chambers. Keeping in
view this rule also, I am of the view that application made by Plaintiff
can be entertained by way of chamber summons. Therefore, I do not
find merits in the submission of defendant in that regard.
9. Certainly supply of electricity is necessary for conducting
business in the suit premises and it is not convenient to conduct
business from the suit premises without electricity supply to it. So far as
contention of defendant that Bombay Port Trust is owner of suit
premises, hence without joining them, chamber summons cannot be
granted and about safety of suit premises, I am of the view that
concerned service provider is at liberty to look into aforesaid facts while
considering application to be made by Plaintiff for installing electric
meter and providing electricity supply to the suit premises. It is
pertinent to note that in pursuance of order dtd.16.03.2019 passed by
my learned predecessor Plaintiff has been appointed as an agent of
Receiver i.e. Incharge Registrar of City Civil Court, Mumbai and as per
-- 4 of 6 --
C/S No.735/2019 ..5.. Suit No.2112/2016
report dated 19.03.2019, Exh.15 possession of suit premises has
already been handed over to the Plaintiff as an agent of Court Receiver,
that being so for enjoyment of suit premises and its proper use,
electricity supply would be required. Therefore, it is necessary to issue
direction to Receiver, Incharge Registrar, City Civil Court, Mumbai to
give no objection certificate in favour of Plaintiff to enable him to apply
for new electricity connection in suit premises. Hence, pass following
order.
ORDER
1. Chamber Summons No.735 of 2019 is allowed as under:
a) Receiver i.e. Incharge Registrar, City Civil Court is directed
to issue no objection certificate in favour of Plaintiff to enable him to
apply for new electricity connection in suit premises on satisfying that
Plaintiff has executed agency agreement and indemnity bond as per his
undertaking. He is further directed to inform service provider that they
have to consider application which would be made by Plaintiff for
installing electricity meter and providing electricity supply to suit
premises in accordance with rules on own merits.
b) Receiver i.e. Incharge Registrar, City Civil Court, Mumbai to
submit report whether Plaintiff has executed an agency agreement in
pursuance of order dtd.18.03.19.
2. Accordingly, chamber summons is disposed off.
(M. T. Asim)
Judge
Date : 04.05.2019 Gr. Bombay
Typed on : 04.05.2019
HHJ signed on :
-- 5 of 6 --
C/S No.735/2019 ..6.. Suit No.2112/2016
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06.05.2019, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
04.05.2019
JUDGMENT/ORDER signed by P.O.
on
06.05.2019
JUDGMENT/ORDER uploaded on 06.05.2019
-- 6 of 6 --