Civil Courts, LudhianaInjunction
Ludhiana Civil Judge restrains housing society from cutting member’s water supply
Society cannot use an essential service to recover disputed maintenance dues; ad-interim injunction till the next date.
Published
00Background
The plaintiff disputes a special levy raised by the society for repainting. The society served notice that his water supply would be disconnected if the levy was not paid.
01Submissions
For the plaintiff
The levy was not approved by the general body as the bye-laws require. Water is an essential service and its disconnection would cause irreparable harm.
For the defendant-society
Not heard; the society had not been served when the application was taken up.
02Observations
The Court found a prima facie case on the bye-laws, and held that the balance of convenience lay in keeping the supply on, since the society could recover any sum found due.
03Findings & directions
- Society restrained from disconnecting the plaintiff’s water supply till the next date.
- Notice to the society for 19.10.2026; compliance with Order XXXIX Rule 3 CPC within a week.
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