Mandatory Injunction

Bhushan V. Kale (Querist) 26 September 2009 This query is : Resolved
Our factory is getting power supply from the electricity pole standing at western side of building, since last more than 40 yrs. Said pole is nearby the building and most safe.

All of a sudden, MSEDCL (Maharashtra Stat Electricity Distribution Co. Ltd.) cut the power supply from that pole and connected it from the pole standing at northern side of building.

There is Govt. road in between the factory building and newly connected pole. heavy traffic flowing throuth the road. There is public as well as privet nuicense.
I have file suit for mandatory injunction against the MSEDCL along with the appliction of temporary injunction.
is there any chanse of success ?
pls. inform me if there are some rulings in favour or against me.
Thanks.

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Kiran Kumar (Expert) 26 September 2009
dear friend, primarily the injunction suits are contested on merits....the judgments may not be relevant at this stage.

u ve a good case and wait till the evidence is completed....u should be in a position to prove the nuisance and safety risk to the residents and passer byes.

and while pursuing ur case, do ve a look at the State rules in this context....Since the electricity distribution body is a corporate body, and prior to getting the licence/ contract there must have been some rules and regulations imposed by state.

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Raj Kumar Makkad (Expert) 26 September 2009
It is not your legal right to get the electricity from a particular pole. The distributing company is a sovereign body which has to take consideration of various facts and it is free to do so within its power. So far as your problem is concerned, better to make representation to the company rather making litigation with it because there are little chances of success in such cases. I have personal experience in similar matter. Company can accept your demand, if it thinks fit rather court.

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Bhumik Dave (Expert) 27 September 2009
Fully agreed with mr. Raj. Because duty of electricity company is supplying power to his consumer in any way. The problems which u mentioned is not pertain to ur company & ele. com. And electricity company has nothing do wrong with u because ur power supply is not disturb for this action.
NOW IF WE SEE UR CASE ON LEGAL POINT OF VIEW, the bellence of conveniance is not ur favour because u have no any loss from the said action.