Shri. Uttam Gyanba Chavan v. Maharashtra State Electric Distribution Company Ltd. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2022.02.18 14:48:57 +0530 BIPIN DHARMENDER PRITHIANI INTERIM APPLICATION NO. 4343 OF 2021 IN WRIT PETITION NO. 4931 OF 2006 Shri Uttam Gyanba Chavan ... Applicant/ Petitioner

Versus

Maharashtra State Electric Distribution Company Ltd. and Ors.

... Respondents ****** Mr. Rajaram P. Lote a/w Mr. Avirat Gholap for the Applicant/Petitioner. Ms. Kavita Anchan i/by M/s. M. V. Kini and Co. for the Respondent Nos. 1 and 2-MSEDCL.

Mr. Rajan S. Pawar, AGP for the Respondent No.3. ****** CORAM: R. D. DHANUKA AND S. M. MODAK, JJ.

DATE : 17th FEBRUARY, 2022 P.C. :- .

By this Interim Application, the applicant seeks an injunction against the respondents from disconnecting the electric supply to the petitioner's residential premises as stated in the title of the writ petition and further seeks expeditious hearing of the Writ Petition No. 4931 of 2006.

2.

It is the case of the applicant that pursuant to the order dated 28th September, 2006 in the said Writ Petition No. 4931 of 2006, the applicant has already deposited an amount of Rs.30,000/-. The

applicant has been also paying the current bill amount regularly excluding arrears claimed by the respondent nos. 1 and 2. The respondent nos.1 and 2, however have included the amount of alleged arrears in the current bill amount and have threatened the applicant of disconnection of the electric supply, if the applicant does not pay the amount reflected in the electricity bill which is inclusive of arrears. 3.

Learned counsel for the applicant states that his client would continue to pay the current electricity bill charges as directed by this Court. Statement is accepted.

4.

Learned counsel for the respondent nos. 1 and 2 states that the respondent nos. 1 and 2 have not issued any notice of disconnection of the electricity supply to the residence of the applicant. She further states that the respondent nos. 1 and 2 are not taking any coercive steps or would not take any coercive steps, if the applicant continues to pay the current electricity bill i.e. bill for the current month excluding the arrears reflected in the electricity bills issued to the applicant within the time prescribed. Statement is accepted.

5.

Respondent nos. 1 and 2 shall not disconnect the electric supply at the residence of the applicant, if the applicant continues to pay the current bill excluding the arrears of the electricity bill within the time prescribed. Hearing of the writ petition is expedited. Both the parties are permitted to file brief submissions along with synopsis and the judgments on which they propose to rely upon in support of their rival contentions within two weeks from today.

6.

Both the parties are permitted to file compilation of documents and to place on record the subsequent events, with copy to be served on the other side in advance.

7.

Place the Writ Petition No. 4931 of 2006 on board for directions on 30th March, 2022 to enable this Court to fix an early date for hearing.

8.

Interim Application is disposed of in aforesaid terms. 9.

Parties to act on an authenticated copy of this order. [S. M. MODAK, J.] [R. D. DHANUKA, J.]