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Bombay High CourtNMS/2362/2016disposed off

Kamla Lal Mirchandani v. Asha Lal Mirchandani And 2 ORS. And B.E.S.T. Undertaking (Respondent)

2016-09-29Hon'Ble Shri Justice S.J. Kathawalla2 pages

nms 2362 of 2016 (951).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2362 OF 2016 IN SUIT NO.30 OF 2012 Kamla Lal Mirchandani ...

Plaintiff versus Asha Lal Mirchandani and Ors.

...

Applicants/Defendants And BEST Undertaking ...

Respondents Mr. Hemang Engineer i/by M/s. Gordhandas and Fozdar, for Plaintiff. Mr. Bharat Vaishnawa, for Defendant Nos.1 to 3. CORAM: S.J. KATHAWALLA, J.

DATE: 29 th SEPTEMBER, 2016 P.C.:

1.

Perused the Notice of Motion and the Affidavit in support thereto. None appear for the BEST Undertaking, though served. For reasons set out in the Affidavit in support of the Notice of Motion, the BEST Undertaking is directed to reconnect the electricity in respect of Suit Flat No.27, 3 rd Floor, A Building, Plot No.222/25, Forjett Street, Mumbai - 400 036. It is clarified that if the Applicants/Defendants are interested in installing a new electric meter, they shall make the necessary Application to the BEST Undertaking after seeking prior permission from this Court.

2.

The learned Advocate for the Defendants, on instructions undertakes ssp 1/2

nms 2362 of 2016 (951).sxw to pay the dues payable if any, to the BEST Undertaking in respect of the electricity supplied to the suit flat till date. The undertaking is accepted. 3.

This order shall in no way prejudice the rights and contentions of the parties in the above proceedings.

3.

In view of the above Order, the Notice of Motion is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2