Final Order 1

Order Details: Other
Pdf Text: MHCC010094092019
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY,
AT BOMBAY
MISC.APPLICATION NO.88 OF 2019
IN
MISC. APPEAL NO.157 OF 2017
Mrs. Nagubai M. Kurade,
Age: 51, Occ.: Housewife,
R/at: Flat No.1 Buid.No.16,
Air India 1st Housing Colony,
Kalina, Santacruz(East)
Mumbai400 029 ... Appellant
VERSUS
1. The Estate Officerf for Air India
Under the Public Premises
(Eviction of Unauthorized Occupants)Act,
C/o.Welfare Section Personal Department,
THQ Building, 2nd Floor, Old Airport,
Santacruz(East) Mumbai 400029.
2. Air India Limited,
HRD Department, Old Airport,
Santacruz(East) Mumbai 400029.
3. Adani Electricity Mumbai Ltd.
Office Add.: 1 st Floor, Bldg.No.E4(ii)
above customer care Center, OppMIDC
Police Station, Marol, Andhri(E),
Mumbai93. ... Respondents
CORAM : H.H.THE PRINCIPAL JUDGE
SHRI A.SUBRAMANIAM(C.R.No.19)
DATED : 8th DECEMBER, 2022
Ld. Adv. Balwant Salunkhe, for appellant.
Ld. Adv. Lancy D'souza @ Ld. Adv. Yasmin Sarang i/b M. V. Kini & Co
for respondent No.1 and 2.
Ld. Adv. Satish Kamath for respondent No.3.
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ORAL ORDER
1. By the present application applicant is praying for supply of
electricity. It is seen that the Electricity Board was ready to
provide electricity supply subject to payment of charges. The
same has not been done. Considering the same, firstly: the
appellant has no right to remain as the premises are directed to
be vacated. Secondly: she has failed to pay the charges, it cannot
be an onourous or gratuitous supply of electricity. In view of the
same, the application is malafidely filed and devoid of merit. It is
also seen that the appellant under the garb, have illegally taken
electricity supply from the Security Guard room for commercial
purpose. This conduct also disentitles the appellant from supply
or grant of any reliefs as such. Needless to say irrespective of this
order, the appellant is at liberty regarding his rights of electricity
supply, if any.
2. Lastly but not the least, considering the limited scope of this
Court's jurisdiction, this Court has no jurisdiction to decide the
legality and validity of action of the Electricity Board to
provide/disconnect/or not provide electricity supply and hence
also application is devoid of merits. Considering the same, I pass
the following order.
O R D E R
Misc. Application No.88 of 2019 is rejected.
08/12/2022 (A.SUBRAMANIAM)
PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
(JO CODE MH01711)
Dictated on : 08/12/2022
Transcribed on : 08/12/2022
Signed by HHJ on : 19/12/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19/12/2022 3.00p.m. B.R.HATEKAR (S.G.)
Name of the Judge HH THE PRINCIPAL JUDGE
SHRI A.SUBRAMANIAM (CR No.19)
Date of Pronouncement of Judgment/Order. 08.12.2022
Judgment/order signed by P.O on 19.12.2022
Judgment/order uploaded on 19.12.2022
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