The High Court of Bombay dismissed the appeal challenging the dismissal of a notice of motion. The appellant had sought a stay on electricity supply and payment directions in a suit. The appeal was dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J.
APPEAL NO.697 OF 2005 IN
NOTICE OF MOTION NO.1955 OF 2004 IN SUIT NO.1886 OF 2004
Ansari Mohd.Tahir Mohd.Sadique
.. Appellant
v/s.
The Bombay Electric Supply & Transport Undertaking.
.. Respondent
Mr.Homi Patel i/by Mr.Hemani Jhariya for the appellant.
Mr.Harvinder Toor i/by M/s.Cr.Bayley & Co. for the respondent.
CORAM : R.M.LODHA AND D.G.KARNIK, JJ. DATED : 24th November, 2005
P.C.
Heard Mr.Homi Patel, the learned counsel for
the appellant.
learned motion Judge does not suffer from any infirmity.
appellant in the notice of motion:-
"(a) that pending the hearing and final disposal of the present Suit, this Hon’ble Court be pleased to stay the Claim dated August 2, 2001 made by the Chairman, Review Committee of the Defendant and the notice dated 6th February, 2003 issued by the
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Defendant.
| (b) | that pending the hearing and disposal of the present Suit, |
final this |
|
|---|---|---|---|
| Hon’ble Court be pleased to direct |
the | ||
| Defendant to accept payment of |
the | ||
| bills issued for meter No.F-006962 |
as | ||
| per the number of units utilized by the Plaintiff. |
|||
| (c) | that pending the hearing and |
final | |
| disposal of the present Suit, |
the | ||
| Defendant and it’s servants, |
agents | ||
| and officers be ordered and |
directed | ||
| not to discontinue the |
electricity | ||
| supply to Meter No.F006962 |
installed | ||
| at Ground Floor, Shop 2A, BIT Byculla Station Road, Mumbai- 400 011 belonging to the Plaintiff. |
Chawl, | ||
| (d) | that interim and ad-interim in in terms of prayer (a), (b) & (c) above be granted to the Plaintiff. |
reliefs | |
| (e) | the Plaintiff be awarded the costs and incidental to this notice of motion. |
of |
|
| (f) | for such further and other reliefs this Hon’ble Court may deem fit proper in the circumstances of the case." |
as and |
|
| 4. | Any payment made by the appellant pursuant |
to | |
| the | dem | and shall obviously be subject to |
the |
decision in the suit. There was no question of any
direction to the respondent.
Dismissed in limine.
(R.M.LODHA, J.)
(D.G. KARNIK, J.)
1 issue framed by the court
Whether the dismissal of the notice of motion seeking stay of electricity supply and payment directions merits interference in appeal.
Ansari Mohd. Tahir Mohd. Sadique
The Bombay Electric Supply & Transport Undertaking
R.M. Lodha
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
