- (1.) BY this writ petition, the petitioner seeks new electrical connection to the first floor and second floor flat of the said premises. Earnest money has been deposited and inspection was also made. In spite thereof, as no step has been taken by the licensing company to effect new electrical connection, representation was made on 20th November, 2012 and since no response received, this application has been filed and order sought.
(2.) COUNSEL for the licensing company submits that the said premises consists of G+5 storey and unless a transformer is installed, it is not possible to give any electrical connection to the petitioner. The private respondent has paid her share of the transformer cost and unless the petitioner makes payment of its share of the transformer cost, it is not possible to grant electrical connection in respect of the first floor of the said premises which is in the possession of the petitioner. An order has been passed restraining the petitioner from using the second floor of the premises. Therefore, no electrical connection ought to be given in respect of the second floor flat. Having considered the submission of the parties, by order dated 19th May, 2011 user of the second floor flat by the petitioner has been restrained. Therefore, the petitioner can only get a new electrical connection in the first floor flat of the said premises. As the petitioner is ready and willing to make payment of its share of the transformer cost and upon such payment, let steps be taken by the respondent No.2 to effect new electrical connection to the petitioner's premises within three weeks from compliance of formalities including payment of its proportionate share of the transformer. It is made clear that the order passed this day will not create any equity, right, title and interest in favour of the petitioner and is without prejudice to the rights and contentions of all parties in C.S. No. 1417 of 2011.
(3.) IN view of the aforesaid, this application is disposed of.;