Final Order 1

Order Details: Other
Pdf Text: Adv. D&amp#039Silva 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
sd/-
Judge
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