1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1039 OF 2009 WITH CIVIL APPLICATION NO.1277 OF 2009 Deep Residency Co-operative Housing Society Ltd., ..Appellants V/s The Brihan Mumbai Electric Supply & Transport Undertaking & Ors. ..Respondents ---- Mr.Khandeparkar for the appellants. Mr.S.S.Redekar for the respondents. ---- Coram : R.S.MOHITE,J Date : 7th October, 2009. PC 1 This is an appeal filed by the original plaintiff against the dismissal of his Notice of Motion. The plaintiff is a Co-operative Housing Society in a re-developed building. Re- development has taken place in accordance with Regulation 33(7) of the D.C.Rules. There are two buildings in the re-developed premises. One building is occupied exclusively by the erstwhile tenants. 2nd building forms the salable components in which premises have been purchased by the plaintiff’s society members. However, two shops in this building are occupied by the defendant nos.2 & 4 who were tenants prior to re-development. A glance on the sanction plan indicates that there is one meter room in both the buildings. The plaintiff has not come with the case that there are any transit connection for the defendant nos.2 & 4 from the meter room in the building exclusively occupied by the tenants. He 2 seeks to mix up the issue of membership of the society and a right to have a meter room installed in the said building where the premises are situated. The sanction plan indicates two meter rooms and prima facie, in my view, the meter room under the building occupied by the members of the plaintiff’s society can be utilised by defendant nos.2 & 4 to house their meters and their right flows from their occupancy rights and does not flow from membership rights of the co-operative society. In the circumstances, Appeal from Order stands dismissed. At this stage, Advocate for the appellants makes a statement that the keys of the meter room will be available in the office of the society and will be made available to the BEST authorities as and when they require the same for installing and maintaining the meters of defendant nos.2 & 4. Advocate for the respondents makes a statement that his client will not tamper with any other meter. Both the statements are accepted. CIVIL APPLICATION NO.1277 OF 2009 As the main appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3