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Bombay High Court

ALI ATHAR KHAN S/O MASTER ALI QADER KHAN AZMIversusTHE BRIHANMUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING AND OTHERS

Decided
Disposal
Disposed Off

Holding

The respondents are not in contempt as no stay of the trial court order was obtained, rendering the appeal infructuous.

Summary

The appellant, Ali Athar Khan, filed an interim application seeking contempt proceedings against BEST and others for shifting 14 electricity meters while an appeal against a trial court order was pending. The trial court had granted a status‑quo only for one meter and refused interim relief for the other meters. No stay of the trial court order was obtained by the appellant, and the respondents shifted the meters without any court directive. The court held that the respondents could not be in contempt as there was no stay order prohibiting the shift. Consequently, the interim application was dismissed as misconceived and the appeal was declared infructuous, with all pending interim orders vacated.

Issues considered

  • Whether the respondents are in contempt of any order for shifting the 14 electricity meters.
  • Whether the appeal from the trial court order becomes infructuous due to the respondents' actions.
  • Whether the interim application seeking contempt proceedings is maintainable.

Subjects

  • contempt
  • interim application
  • stay of order
  • appeal
  • electricity meters
  • status quo

Judgment

                                                                                                                     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

JYOTI
           Digitally signed
        by JYOTI
        PRAKASH
PRAKASH PAWAR
        Date:
                              Ali Athar Khan S/O Master Ali
PAWAR   2026.03.23
           11:14:49 +0530

                              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


                                                                      Page 1 of 3
                                                          -------------------------------------
                                                           Order dated 18th March 2026
                                                                                   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 17 th March

2026, the present Appeal from Order challenges an order dated 28 th 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,


                                           Page 2 of 3
                               -------------------------------------
                                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




                                              Page 3 of 3
                                  -------------------------------------
                                   Order dated 18th March 2026


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