Final Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :SUIT/0100998/2018
M/s. Shivkrupa Enterprises Vs 1. The Assistant Engineer 2. MCGM
Date : 09-04-2018
Exhibits : Mentioned by Precipe. Advocate Mr. P. D. Gandhy for the
Plaintiff present. Advocate Ms. Tondwalkar for Deft./BMC
present. Officer Mr. Subhash Shinde
Asstt. Engineer 'S' Ward present. Draft N/M alongwith
Affidavit in support taken out by the Plaintiff. T.O.R. Leave
granted to register. Heard Ld.Adv. for the Plaintiff and Ld.
Adv. for the defendants. It appears prima facie that the
defendant has generated the water bill of the month June-
2017 to October-2017 in November-2017. Further it appears
that
the defendant has no evidence prima facie to show that
when the said bills were served upon the Plaintiff for
payment. Further it appears that
the defendant has disconnected the water connection of the
plaintiff without issuing notice U/Sec.279 of MMC Act.
Thus prima facie the plaintiff has established case.Further to
show the bonafides the plaintiff has deposited amount of
Rs.3
90
309/- against the disputed bills of Rs.11
03
765/-. It is submitted by Ld. Adv. for t
Business : he Plaintiff that the Plaintiff is ready to deposit balance of
50 of disputed bill in the court. According to the Plaintiff,
bills issued by the defendants are exorbitant and not as per
the use of the water.It is submitted by Ld. Adv. for the
Defendant and its officer that it is now for the Plaintiff to
deposit additional security deposit in view of six months
consumption prior to disconnection. But considering the
above act of the defendant, it seems that the Defendant has
taken action against the Plaintiff without following due
process of law i.e. without issuing prior notice to the
Plaintiff. Therefore, it is just to give directions to the
defendants. Accordingly and it is directed to the defendants
to restore water connection of the plaintiff without insisting
for additional security deposit, on payment of balance 50 of
water bills of disputed bills from period June 2017 to 15th
February 2018 subject to payment of all undisputed bills.
The plaintiff is also dirrected to
Nature of Disposal : WITHDRAWL
Disposal Date : 09-04-2018
COURT 11 ADDL SESSIONS JUDGE
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