1 AO-1058-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO 1058 OF 2010 in CIVIL APPLICATION NO. 1290 OF 2010 Ramesh S. Udhwani .. Appellant (Orig. Plaintiff) vs. Municipal Corporation of Gr.Mumbai & Ors. Respondents (Orig.defendants) Mr. J.S.Chandnani, Advocate, for the appellant. Smt. K.K.Soran, Advocate, for the respondent No.1. BMC. Shri G.S.Bhat, Advocate,for the respondent No.3. CORAM: J.H.BHATIA,J. DATE : 13th September, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The plaintiff/appellant is a member of respondent No.3 - Megh Malhar Co-op. Housing Society Ltd. The buildings of the said Co-op. Society are taken over by the builder for redevelopment with consent of the Society. While most of the members of the Society have vacated the premises, the present plaintiff is still in possession of his flat. It appears that a dispute was taken to the Co-operative Court by the Society and in that dispute, the Co-op. Court has directed the builder to furnish bank guarantee of Rs.five crore and also directed 2 AO-1058-10.sxw to appoint Court Receiver to take over possession from the plaintiff only after the bank guarantee is furnished by the builder. The builder has not furnished the bank guarantee and, therefore, the plaintiff has not been dispossessed so far. 3. According to the plaintiff, the respondent No.1 - Municipal Corporation has issued a bill of Rs.26,522/- towards water charges for the period of three months. That used to be the bill for entire Society and, according to the plaintiff, he used to pay Rs.418/- per month. The Municipal Corporation also threatened to disconnect the water supply unless the bill is paid. In view of this, the plaintiff filed Suit No.1853 of 2010 challenging the said bill. He also took out Notice of Motion seeking direction to the Municipal Corporation to provide a separate water meter for his flat so that he may pay the charges as per his consumption. Ad-interim relief was rejected by the trial Court. Hence, this appeal. 4. After some discussion at the Bar, the learned Counsel for the Municipal Corporation makes a statement that if this Court directs, the Municipal Corporation will fix the water meter for the flat of the plaintiff/appellant. 5. In view of the above, the Appeal as well as the Civil Application 3 AO-1058-10.sxw stand disposed of with the following directions :- The Municipal Corporation shall fix a water meter for the flat of the plaintiff/appellant within one week from this day, subject to the appellant depositing a security deposit of Rs.3,000/- with the Municipal Corporation within 4 days from this day. Thereafter the appellant shall be required to pay the bill on the basis of the reading of that meter. This arrangement shall continue till the plaintiff is dispossessed by the Court Receiver. (J.H.BHATIA,J.)