Final 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.
Ld. Counsel for the plaintiff is ready to deposit 50% of the
electricity charges till date. Which party is in possession will be
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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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