MADEEHA CONSTRUCTIONS AND DEVELOPERS PRIVATE LIMITED Vs. ANANTARA MANAGEMENT AND TECHNICAL SERVICES LLP

JUDGEMENT

(1.) Mr. Rohaan Cama, learned Counsel appearing for the Applicant/Plaintiff has moved for urgent ad-interim relief on the ground that despite the Applicant/Plaintiff having paid the outstanding Electricity Bill issued by the Defendant No. 3 in view of the Applicant being in occupation of the subject premises, the electricity in the subject premises has not been restored.

(2.) The payment of the outstanding Electricity Bill has been recorded in the order of the Appellate Court dtd. 28/2/2023. The learned Counsel appearing for Defendant No. 3 had accepted the Demand Draft from the learned Counsel for the Applicant without prejudice to the rights and contentions of the Respondent/Defendant. There was a dispute with regard to the outstanding amount and which Mr. Cama for the Applicant had agreed to pay the difference by the next day. This has been complied with.

(3.) Mr. Cama has submitted that in view of payment of the outstanding Electricity Bills been made by the Applicant who is the occupant of the subject premises, propriety would demand that the electricity be restored. He has submitted that the Courts have held that Electricity is a basic necessity and considered to be an integral part of right to life as enshrined under Article 21 of the Constitution of India. This has been held by the High Court of Punjab and Haryana at Chandigarh, in the case of Om Prakash Vs. Balkar Singh and Others .