Order 1

Order Details: Other
Pdf Text: 26/06/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Suit 188/13 Adv. Ravindra Singh for plaintiff present.
@ CS 694/18 Adv. Ekta Verma for defendant No.1a,b,2 and 3 present.
Plaintiff files draft NM. Respondent files reply.
Kept back.
Later on.
Same appearances.
CS to proceed without reply.
Heard both sides on CS.
As the CS is the result of amendment in the plaint i.e.
consequential amendment in the WS is allowed. Defendant to
carry out amendment within eight days and to submit the copy
of amended WS within eight days thereafter.
With this order the CS No.694/18 stands disposed off.
Heard both sides on draft NM.
The plaintiff sought restoration of electricity supply to his
premises. By way of an order in the roznama dated
13/09/2014, the ad interim relief for restoration of electricity
was granted. Thereafter the main NM came to be dismissed on
the ground that plaintiff's suit is not maintainable as the relief
for declaration was not asked for. Plaintiff was granted liberty
to amend his plaint. Accordingly, plaintiff's CS for amendment
was allowed. Now the plaintiffs state that on 12/06/2018
again the electricity supply was disconnected. Ld. Counsel for
the defendant strongly objects the application on the ground
that plaintiff is not in possession and the entire electricity bill
is being paid by the defendant. The Ld. Counsel for plaintiff
states that the plaintiff has failed to deposit 50% of the
electricity bill even though directed by the predecessor of this
Court vide order dated 13/09/2014.
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Ld. Counsel for the plaintiff is ready to deposit 50% of the
electricity charges till date. Which party is in possession will
be decided on the basis of evidence on record. However, at this
stage, electricity being a necessary amenity for life, is required
to be restored.
Defendant is directed to restore the same immediately and
also to submit the account of the arrears 50% of electricity bill
till date and plaintiff to deposit the same within eight days in
the Court, thereafter.
Draft NM stands disposed off. It be registered for statistical
purpose.
Authenticated copy of this order be provided.
Adjd. to 11/07/2018 for hearing on issues.
Principal Judge,
Gr. Mumbai.
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