ALI ATHAR KHAN S/O MASTER ALI QADER KHAN AZMI v. THE BRIHANMUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING AND OTHERS
IA/518/2022 · 2026-03-18
Shri Farhan Parvez Dubash
body2022
DailyLaw.ai
[ 2022 DAILYLAW 2962 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 2962 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
901. AO/101/2022 Ali Athar Khan vs. BEST & Ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 101 OF 2022 Ali Athar Khan S/O Master Ali Qader Khan Azmi .. Appellant V/s. The Brihanmumbai Electric Supply And Transport Undertaking And Others .. Respondents WITH INTERIM APPLICATION 518 OF 2022 IN APPEAL FROM ORDER NO. 101 OF 2022 WITH INTERIM APPLICATION 2601 OF 2022 IN INTERIM APPLICATION NO. 518 OF 2022 ______________________________________ Mr. Sajid Shamim a/w Mr. Sharif Lakdawala i/b S. Shamim & Co. for Appellant. Ms. Meghna Vijan a/w Mr. Aniket Lohia i/b Sagar Shetty for Respondent nos. 1 to 4. Ms. Neeta Jadhav i/b Ms. Komal Punjabi for Respondent nos. 5 and 6 – BMC. Ms. Zainab R. Shaikh for Respondent no. 7. _______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE :
18th MARCH 2026 P.C.:
INTERIM APPLICATION NO. 2601 OF 2022
1. The present Interim Application has been preferred by the -------------------------------------
Order dated 18th March 2026 JYOTI PRAKASH PAWAR Digitally signed by JYOTI PRAKASH PAWAR Date: 2026.03.23 11:14:49 +0530
901. AO/101/2022 Ali Athar Khan vs. BEST & Ors. Appellant herein seeking initiation of contempt proceedings/action against Respondent nos. 1 to 4 on the premise that pending the present Appeal from
Order, which challenges an order dated 28th January 2022 (impugned order), they have shifted the 14 electricity meters. Admittedly till date, there is no stay of the impugned order obtained by the Appellant which specifically permitted Respondent nos. 1 to 4 to shift the said 14 electricity meters.
2. In the premises, Respondent nos. 1 to 4 cannot be said to be in contempt of any order by shifting the said 14 electricity meters. Accordingly, the present Interim Application is entirely misconceived and is accordingly dismissed.
APPEAL FROM ORDER NO. 101 OF 2022
3. As more particularly recorded in the order dated 17th March 2026, the present Appeal from Order challenges an order dated 28th January 2022 passed by the Trial Court.
4. By the said order, the original Plaintiff was granted status quo only to the extent of his electric meter, whilst the Trial Court refused to grant interim reliefs against the shifting of the other 14 remaining electric meters. Being aggrieved of this order, the original Plaintiff filed the present Appeal from Order. There was no stay obtained by the Appellant/original Plaintiff to the impugned order and pending the hearing of the said Appeal from Order, -------------------------------------
Order dated 18th March 2026
901. AO/101/2022 Ali Athar Khan vs. BEST & Ors. the Brihanmumbai Electricity Supply and Transport (BEST), who is Respondent nos. 1 to 4, has since shifted the other 14 electricity meters.
5. Considering this, nothing survives in the present Appeal from
Order which is disposed of as having become infructuous.
6. All pending Interim Applications taken out in the present Appeal from Order, if any, also stand disposed of in terms of this order, and all interim orders passed therein, if any, shall stand vacated.
( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil -------------------------------------
Order dated 18th March 2026