Date: 20-06-2019
Business: Adv. D\''Silva for the Plaintiff present.
Adv. Sarang for Defendant no. 2 present.
Adv. Suryawanshi for MMC/Defendant No. 1 present
Already Vakalatnama of the Plaintiff.
Address memo of the Plaintiff.
The Plaintiff has filed copy of possession receipt in SU No. 2112/16. t.o.r.
Heard. Perused documents. Admittedly Meter no. C153017 installed in Suit structure number 16A and out of that 16A, 125 sq.ft area has been handed over to Mr. Mohd Latif Janmohhamad Khan through Court Receiver being agent of court receiver in SU No. 2112/2016. Further admittedly said Mr. Mohd Latif Janmohhamad Khan has applied to Defendant no. 2 for seeking electricity connection and meter in respect of said 125sq.ft area and it named and numbered by said Mr. Mohd Latif Janmohhamad Khan as shop No. 1, plot no. 16. Prime facie it reveals that the Plaintiff is using electricity from the above said meter for the premises of which he is in the possession. The Plaintiff has submitted that even the meter is installed in his area of which he is in the possession. Thus Prime facie, there is no evidence in respect of unauthorized diversion of the electricity to adjacent premises. Therefore, the notice issued by Defendant no. 2, Prime facie, discloses that section no. 126 of Indian Electricity Act is not applicable in the above facts and circumstances. Therefore, Defendant no. 2 has no right to initiate further action on the basis of suit notice. Hence, the Plaintiff is entitled for relief of temporary injunction, as prayed in prayer clause (a). Further in respect of above discussed 125sq.ft area, it is for Defendant no. 2 to follow due process of law for providing separate electricity connection and meter to said Mr. Mohd Latif Janmohhamad Khan, considering his possession in the said area. Thus, therefore, defendant no. 2 has no right to provide electricity through Meter No. C153017 to said portion of 125sq.ft area. In view of above discussion and directions to Defendant no. 2, the Plaintiff and Defendant no. 2 has consented for disposal of N/M and suit. Thus, with above directions Defendant no. 2 to follow due process of law for providing electricity in respect of above said 125sq.ft area and not to disconnect electricity of the Plaintiff, in view of notice issued by Defendant no. 2 dtd 30.05.2019. Hence, accordingly draft N/M is hereby disposed of and it be registered for statistical purpose.
By consent of the Plaintiff, Suit No. 1354/2019 stands disposed of
Nature Of Disposal: OTHERWISE
Disposal Date: 20-06-2019
