: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.557 OF 2009 OF MOTION NO.557 OF 2009 OF MOTION NO.557 OF 2009 WITH WITH WITH CONTEMPT CONTEMPT CONTEMPT PETITION (L.) NO.108 OF 2008 PETITION (L.) NO.108 OF 2008 PETITION (L.) NO.108 OF 2008 IN IN IN SUIT SUIT SUIT (L.) NO.2326 OF 2008 (L.) NO.2326 OF 2008 (L.) NO.2326 OF 2008 New Era Fabrics Ltd., Mumbai ...Plaintiffs V/s. Bombay Electric Supply & Transport ...Defendants And Home Care Retail Marts Pvt. Ltd. ...Intervenors Mr.M.M. Vashi for the Plaintiffs. Mr.S.U. Kamdar, Sr. Counsel, a/w. Mr.D.G. Dhanure and Mr.Sunil Chavan i/b. M.V. Kini & Co. for the Defendants. Mr.Perey Mody a/w. Mr.Mayur Khandeparkar i/b. Ms.Sangeeta Lanjewar for the Intervenors. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 26TH MARCH, 2009. : 26TH MARCH, 2009. : 26TH MARCH, 2009. P.C.: P.C.: P.C.: 1. In view of the fact that the electricity meter is installed by the Defendants, there is no further need to monitor the compliance of the order. However, the intervenors sought further order to start electric supply from the newly installed electric meter to their business premises-the Mall. Mr.Vashi, learned Counsel for the Plaintiffs, made it clear that in view of the disputes pending between : 2 : his client and the intervenors, his client does not wish to supply water, electricity and particular access to the intervenors and the dispute between these two parties is pending before the appropriate Court. 2. Although when I passed the order earlier directing the Defendants to install the electric meter, I had made it clear that such meter would be supplying electricity only to the intervenors, I was not aware as to whether the Plaintiffs would prevent the supply of electricity through this meter to the intervenors’ Mall. The dispute between these two parties is not the subject matter of this suit and even the Notice of Motion. Therefore, I am inclined to refrain myself from passing further order directing the Plaintiffs not to obstruct electric supply from the newly installed meter to the intervenors’ Mall. The intervenors are of course at liberty to approach the appropriate forum to get the electricity supply restored. 3. Contempt Petition (L.) No.108 of 2008 and Notice of Motion No.557 of 2009 stands disposed of in above terms. : 3 : 4. In view of the earlier order dated 2nd March, 2009 disposing of the present Notice of Motion and in view of the fact that some of the reliefs are not considered, the Plaintiffs are given liberty to take out a fresh Notice of Motion. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]