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1983 Supreme(Bom) 200

CHANDURKAR, PENDSE
Municipal Corporation for Greater Bombay and another, Appellants v. M/s. Devidayal Metal Industries and another, Respondents. And Piem Hotels Ltd. and Indian Hotels – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


Advocates:
K.K. Singhvi with C.J. Sawant and I.M. Chagla, for Appellants; A.N. Mody with Miss D.H. Cooper, for Respondent. R.J. Joshi with S.K. Sethana and R.S.R. Vakil, for Interveners:Miss F.T. Sikandar; for Advocate-General on notice; A. Hidayatullah with Miss Zia S.Sorabjee, J.R. Gagrat, C.M. Mehta and V.B. Asgarwalla, for Petitioners; K.K. Singhvi with S.H. Papadia, for Respondents Nos. 1 to 3; A.R. Shinde, for Respondent No. 4.

Judgement

CHANDURKAR, Ag. C.J.:- This appeal filed by the Municipal Corporation of Greater Bombay and the General Manager of the Bombay Electric Supply and Transport Undertaking is directed against the judgment and decree passed by the learned single Judge in Suit No. 630 of 1967 (reported in AIR 1980 Bom 154) by which the learned single Judge held that the Municipal Corporation and the B. E. S. T. Undertaking were not entitled to demand from the plaintiffs-respondents any security deposit of the amount equal to the value of three months' bills of the electric energy consumed by the plaintiffs as and by way of security deposit for the payment of the electric bills. By the decree a permanent injunction was also granted restraining the appellants-defendants from taking any action under Section 24 of tile Indian Electricity Act of 1910 (hereinafter referred to as "the Act").

2. Since the power of the Municipal Corporation of Greater Bombay and the B. E. S.T. Undertaking to demand a security deposit like the one demanded from the plaintiffs-respondents was questioned by several other consumers of electricity, to whom electricity was being supplied by the B. E. S.T. Undertaking, we have a



























































































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