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CA/3026/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3026 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11012 of 2004
=========================================
ARVINDBHAI
R JOSHI
Versus
PASCHIM
GUJARAT VIJ CO LTD & 2
=========================================
Appearance
:
MR NIRZAR S DESAI for
Applicant
None for Respondent(s) : 1 - 2.
MR AD OZA for
Respondent(s) : 3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 01/04/2010
ORAL
ORDER
[1] The
applicant original petitioner has filed this application seeking
direction to the respondents to reconnect the electric supply to the
applicant in Flat No.301 at Devnand Complex, Bhavnagar which was
given to the applicant as directed by this Court vide order dated
5.11.2004 passed in Civil Application No.8909 of 2004 in Special
Civil Application No.11012 of 2004.
[2] Heard
Mr.Nirzar S. Desai, learned advocate appearing for the applicant and
Mr.Hemang Raval, learned advocate for Mr.A. D. Oza, learned advocate
appearing for the respondent No.3.
[3] Mr.Nirzar
S. Desai, learned advocate appearing for the applicant has submitted
that the applicant has filed Special Civil Application No.11012 of
2004 before this Court whereby he prayed to restore the electricity
supply at applicant’s Flat Nos.301 and 302 at Devnand Complex,
Bhavnagar, which was disconnected by the respondents.
[4] After
filing of the petition, this Court has issued rule vide order dated
20.9.2004. At that time, the applicant made an application for
electricity connection of Flat No.302. This Court, therefore,
directed the respondents to consider the application of the applicant
within a period of four months from the date of the order of the
Court. Thereafter, vide order dated 4.10.2004 passed in Civil
Application No.8037 of 2004, it was clarified that as the electricity
connection was already there in flat No.302, the applicant would have
to make an application for electricity supply in flat No.301.
Accordingly, the applicant made an application for electricity
connection in flat No.301, but since the applicant did not get
electricity connection, the applicant preferred Civil Application
No.8909 of 2004 wherein this Court vide order dated 5.11.2004
directed the respondents to give temporary connection to the
applicant subject to the contention raised in Civil Application.
Thereafter, the above mentioned petition was dismissed for default
vide order dated 3.2.2010 and as a result of dismissal of the
petition, the respondents disconnected the electricity supply in
applicant’s flat No.301. The applicant, thereafter, moved Misc. Civil
Application No.521 of 2010 for restoration of the main petition. The
petition was, thereafter, restored, but the electricity connection
was not restored at the flat of the applicant and interim relief
granted in Special Civil Application would not order to be continued
and hence, the present application is filed.
[5] Considering
the submissions made by the learned advocates for the parties, this
Court is of the view that when the petition was restored, the interim
relief which was granted in favour of the applicant should have also
been continued till the final disposal of the petition on merits.
[6] In
above view of the matter, interim relief which was available in
favour of the applicant prior to dismissal of the main petition is
continued till the final disposal of the petition and hence, the
respondents are directed to reconnect the electricity supply to the
applicant as directed by this Court on 5.11.2004 in Civil Application
No.8909 of 2004 after making payment of reconnection charges by the
applicant.
[7] With
these observations and directions, this application is, accordingly,
disposed of. Direct service is permitted.
[
K. A. PUJ,J. ]
(vijay)
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