1 nms3619-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 3619 of 2010 in Suit No. 1042 of 2008 Gawde Constructions Pvt. Ltd. .. Plaintiffs v/s. Sandeep Gajanan Devarukhkar ..Defendant Mr. A.S.Karwande for the Plaintiffs. Nutan Moily i/b. Ditendra Mishra for the applicant -Defendant CORAM : R.Y.GANOO, J. DATED : 7th January , 2011 P.C. : 1. Mr.Karvande waives service of motion. By consent motion is taken up for hearing. 2. This motion is taken out by the defendant. Defendant wants that she should be permitted to draw electricity from the electric connection which is being issued by the BEST in respect of the flat situated on the first floor. Such a demand cannot be accepted. The demand itself is illegal. As such no relief can be granted as regards restoration of electricity supply. If defendant is interested in having electricity 2 nms3619-10.sxw supply at the premises at the ground floor, the defendant is free to make application to the concerned authorities and seek electricity supply. When this view was indicated to the learned Counsel for the defendant, she submitted that she would be applying for withdrawal of the motion with liberty to apply to the concerned authorities for electric connection in the premises which she is presently occupying, being the premises on the ground floor, particularly the one wherein the defendant has been inducted by the Court Receiver. 3. In view of the above, following order is passed to dispose of this notice of motion. ORDER i) Motion is allowed to be withdrawn with no order as to costs. ii) Defendant is permitted to make application to the concerned authorities to have electricity connection with regard to the premises which the defendant is presently occupying. If such an application is filed, the said application should be disposed of as expeditiously as possible. [R.Y.GANOO, J.] 3 nms3619-10.sxw