• EB connection when the dispute is in the Court.

Dear Experts,

With regard to illegal revocation of gift deed, I am still to get Interim Award.  I am suppose to get Interim Award last week but some how it has been posted to 22nd April 2014 for hearing (for making stay absolute).  Meanwhile, O.S. has been posted to 10-06-2014 and served notice to the opp. parties. Even after this development, the Opp. parties once again approached EB Office and insisted to give connection to them (previously the EB connection is effectively stopped due to my objection, filing of Caveat, I.A & O.S.) In view of this, the EB officials called on me to show the Interim Award otherwise they (the EB) will give the service  to the opp. parties.  I have explained that I.A. is coming on 22nd for hearing and I may get Interim Stay and will produce once I receive.  In the mean time, I have handed over copies of all the I.A., O.S. application submitted to the Court.  

Now my question is that even If I did not give Interim Award on 22-04-2014 (since this is Court matter I am fearing that it may take longer than expected), whether the EB can act unilaterally to give service to the Opp. parties especially when I gave objection and handed over all the copies of O.S & I.A. petitions filed in the Court and still the subject matter is in the Court?  Meanwhile, the counsel who is appearing for me sent a legal notice to the EB directing the EB to refrain from giving service to the Opp. Parties since subject matter is in the court or face legal action.  

Inspite of above, can the EB have the right to go ahead in giving service to the Opp. Parties?  If they go ahead what further action should be taken from my side.  Thanks in advance.  Syed
Asked 4 years ago in Property Law from Chennai, Tamil Nadu
you can move court if EB insists on giving electricity connection to opposite parties . ideally after issue of legal notice EB wont give any electricity connection and would prefer to wait for court verdict . in case court does not pass award on 22nd April 2014 court to pass an order for maintenance of status quo
Ajay Sethi
Advocate, Mumbai
47935 Answers
2846 Consultations

5.0 on 5.0

In view of the fact that your lawyer has issued a legal notice to EB it is very unlikely that it will now award electricity connection to the other party. The thought of legal action being initiated against it if electricity connection is given during the pendency of case will play on the mind of EB. 

In the event connection is issued your only remedy will be to move court.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

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