Mumbai: The Co-operative Court, Mumbai, has directed the Topiwala Centre Premises Cooperative Society Ltd to restore water supply to Topiwala Theatre, holding that the disconnection was prima facie arbitrary and that cutting off an essential amenity was an improper way to recover dues.
The theatre moved an interim application after the society allegedly cut its water supply on October 8, 2026, and restricted access to the terrace. It sought restoration of the supply and permission for its staff to inspect and maintain a satellite receiver dish on the terrace.
Theatre Cites Maintenance And Tax Payments
The theatre told the court it had paid about Rs36 lakh in maintenance charges and Rs22.55 lakh in property tax. It said the disconnection was affecting its daily operations and sought relief.
The society admitted disconnecting the supply but cited a severe water shortage and outstanding dues. It relied on a September 1 complaint bearing the stamp of the BMC’s water supply department, which it said showed that municipal supply across Goregaon was limited to 30 minutes a day. It argued that it had to ensure water availability for other members and alleged that the theatre had suppressed facts about the shortage.
Court Questions Selective Water Supply Disconnection
In its four-page order, the court noted that the society had not said it had disconnected water supply to all members, indicating that the action specifically targeted the theatre. It held that scarcity alone could not justify the disconnection and said the society could initiate appropriate legal proceedings to recover maintenance dues.
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“Cutting off the water supply is not a proper way to compel the disputant to pay the dues,” the court observed. “Water supply is an essential amenity for the use and enjoyment of any premises.” It said the theatre was entitled to water for its daily activities.
Court Declines Interim Terrace Access
The court declined interim permission to access the terrace. It said the request was identical to the main relief sought on terrace access and granting it before recording evidence would mean deciding the issue prematurely.
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