1 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. 2. Dismissal of the notice of motion by the learned motion Judge does not suffer from any infirmity. 3. The following prayers were made by the present 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 2 Defendant. (b) that pending the hearing and final disposal of the present Suit, 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 Chawl, Byculla Station Road, Mumbai- 400 011 belonging to the Plaintiff. (d) that interim and ad-interim in reliefs in terms of prayer (a), (b) & (c) above be granted to the Plaintiff. (e) the Plaintiff be awarded the costs of and incidental to this notice of motion. (f) for such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case." 4. Any payment made by the appellant pursuant to the demand shall obviously be subject to the decision in the suit. There was no question of any direction to the respondent. 5. No interference is called for in the appeal. Dismissed in limine. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) (D.G. (D.G. (D.G. KARNIK, J.) KARNIK, J.) KARNIK, J.)