Bombay High Court
Shakuntaladevi W/O Shivkumar ... vs Ananta Purushottam Sheogokar on 14 June, 2017
Bench: P.N. Deshmukh
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1533 OF 2017.
PETITIONER: Shakuntaladevi Shivkumar Mishra,
aged about 65 years, Occu: Household work,
R/o S.B.I.Colony, Shegaon, Tq.Shegaon,
Distt.Buldhana.
: VERSUS :
RESPONDENT: Ananta Purushottam Shegokar,
aged about 40 years, Occu: Contractor,
R/o. Phuley Nagar Shegaon, Tq.Shegaon,
Distt.Buldhana.
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Mr.N.R.Saboo, Advocate for the petitioner.
Mr.S.R.Deshpande, Advocate for the respondent.
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CORAM: P.N.DESHMUKH, J.
DATED: 14th JUNE, 2017.
ORAL JUDGMENT:
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned counsel of both the parties.
2. Prayer in this petition is to quash and set aside order dated
24th February, 2017 passed by Civil Judge (Jr.Dn.), Shegaon below
application, Exh.16, vide which the learned Trial Court by allowing this
application had issued directions to petitioner, who is original plaintiff,
to reinstall the electric meter in the suit shop, as such to restore its
electric supply forthwith.
3. Heard learned counsel for the petitioner/ori.plaintiff and
learned counsel for the respondent/ori.defendant.
4. Admittedly, Civil Suits are pending before the learned Trial
Court. As such, without touching to the merit parts of those Suits,
which since are pending and are subjudice before the competent Court,
with an intention to find out via-media between the parties with regards
to provide electric connection to the suit shop in possession of the
respondent, learned counsel for the respondent was instructed to obtain
instructions with regard to amount of rent in arrears and the amount
respondent is willing to deposit, which from the copy of plaint filed by
petitioner is stated to be to the extent of Rs.50,000/- and in addition to
that, learned counsel for the petitioner has contended that the amount
of rent fixed between the parties since was Rs.5000/- per month, after
filing of suit rent accrued for further period of fifteen months, comes to
Rs.75000/-. It is, therefore, submitted that the respondent is in arrears
of amount to the extent of Rs.1,25,000/-.
5. On instructions, learned counsel for respondent makes a
statement that the respondent without prejudice to his rights to his
claim before the learned Trial Court, is ready and willing to deposit
Rs.75000/- within two weeks from today before the Trial Court and has
contended that on his depositing amount as aforesaid, electric supply,
which has been discontinued by the Maharashtra State Electricity
Distribution Corporation Ltd., be directed to be restored forthwith.
6. In the circumstance, petition is liable to be allowed by
passing following order.
-ORDER-
(i) Petition is allowed.
(ii) Respondent shall deposit Rs.75000/- (Rupees Seventy Five
thousand only) in the Court of Civil Judge (Jr.Dn.), Shegaon within two
weeks from the date of receipt of Writ of this Court.
(iii) On depositing said amount, office of the Maharashtra State
Electricity Development Corporation Limited shall restore electric
supply by restalling electric Meter at the suit shop, situated at Shop
No.16 in Shopping Complex situated at Survey No.305/2 at Shegaon.
(iv) The learned Court below shall invest said amount of
Rs.75000/- (Rupees Seventy five thousand only) in a Nationalized Bank
in Fixed Deposit and said amount shall be payable to the party as per
outcome of the pending litigations between them.
(v) Needless to state that the Trial Court shall make an
endeavour to expeditiously dispose of the Suits, preferably within six
months from the date of receipt of the Writ of this Court.
(vi) Rule is made absolute in above terms with no order as to
costs.
JUDGE
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