1 969 wp 2580.99.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2580 OF 1999 Securities & Exchange Board of India ..Petitioners. Vs. The Brihanmumbai Electric Supply & Transport & Ors. ..Respondents. Mr.Y.Y.Bhatt i/b Mr. Daya Gupta for Petitioners. Mr.H.Toor with Mr.S.K.Chari i/b M.V.Kini & Co. for Respondent no.2. CORAM : D.K.DESHMUKH & K.K.TATED, JJ. DATED : 03/03/2011. PC: 1 We have heard learned counsel appearing for the Petitioners and the learned counsel appearing for the BEST. 2 The Petitioner is SEBI. Electricity supply to the premises which were then occupied by the SEBI were disconnected for some reasons. Therefore, SEBI approached this court. This court by an interim order directed SEBI to deposit Rs.10,00,000/- with BEST and electricity supply was restored. Today, the position is that SEBI has vacated those premises and those premises are in 2 969 wp 2580.99.doc possession of the landlord and the future bills have been paid by SEBI. Only the amount of Rs.10,00,000/- continues to lie with the BEST. The question to be considered is whether the SEBI is entitled to receive the amount and the BEST liable to recover that amount from the landlord and is the BEST entitled to retain the amount. In our opinion, considering the passage of time and also the subsequent development following order would meet the ends of justice: i) Petitioner within a period of six weeks from today to make a representation to the Chief Engineer Customer Care Department of the BEST for refund of the amount of Rs.10,00,000/- which is deposited by the Petitioner pursuant to an interim order passed by this court. The Chief Engineer Customer Care Department shall then give a notice of that representation to the landlord, grant the SEBI and the landlord an opportunity of being heard and make order on the representation of the Petitioner in accordance with law. All the contentions available to all the parties are kept open. ii) The Chief Engineer Customer Care Department shall make his final reasoned order as expeditiously as possible in any case within a period of three months from the date of receiving the 3 969 wp 2580.99.doc representation from SEBI. In case, the order of the Chief Engineer Customer Care Department is adverse to the interest of SEBI, remedies that may be available to SEBI against that order, are kept open. Petition is disposed of. (D.K.Deshmukh, J.) (K.K.Tated, J.)