-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.4000 OF 2006 APPLICATION NO.4000 OF 2006 APPLICATION NO.4000 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL NO.2313 OF 2006 APPEAL NO.2313 OF 2006 APPEAL NO.2313 OF 2006 Pramod Satish Jawale ...Applicant vs. Maharashtra State Electricity Board ...Respondent Mr.V.A.Gangal for the Applicant Mr.A.R.S.Baxi for the Respondent No.1 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. The applicant is the Appellant. The Appellant is the unsuccessful plaintiff. The challenge in the suit was to the bill issued by the Respondent-Maharashtra State Electricity Board claiming a sum of Rs.6,40,951.33. The suit filed by the Applicant has been dismissed on merits. Therefore, if the Applicant wants protection from disconnection, the Applicant will have to deposit the said bill amount and all other outstanding bills as of today. The Applicant will have to keep on paying the bills regularly during the pendency of the Appeal. It is obvious that the applicant will be entitled to adjustment of the amounts which are either paid to the Respondent or deposited with the trial court. Hence, Application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause -2- (b) subject to following conditions : a) The Applicant will deposit a sum of Rs.6,40,951.33 as well as amounts payable under all other outstanding bills issued after 25th February 2002 for the period ending with 29th February 2008 on or before 31st July 2008. The Deposit will be made with the Respondent. b) The Applicant will keep on regularly paying the current bills to the Respondent. ii) It is obvious that the Applicant will be entitled to adjustment of the amounts which are directly paid to the Respondent or the amount, if any, deposited with trial court. iii) In case any default is committed by the Applicant, it will be open for the Respondent to apply for vacating the interim relief. iv) It is obvious that the payment of the amounts by the Applicant will be subject to final outcome of the Appeal. v) There will be no order as to costs. -3- JUDGE JUDGE JUDGE