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Bombay High CourtWP/1089/2022disposed off

Mittal Arcade Co Op Housing Soc Ltd. And ORS v. The Chief Engineer Maharashtra State Electrictiy Dist. Co Ltd. And ORS

2022-02-04Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

1/2 26 WP-1089-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SALGAONKAR M M Date: 2022.02.08 22:25:28 +0530 SALGAONKAR M M CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1089 OF 2022 Mittal Arcade Co-Op. Housing Soc. Ltd. & Ors.

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Petitioners

Versus

The Chief Engineer, Maharashtra State Electricity Dist. Co. Ltd. & Ors.

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Respondents ...

Mr.N.Deepak i/b N.Deepak & Co. for the Petitioners. Mr.Abhishek Khare i/b Khare Legal Chamber for the Respondent No.1.

Ms.M.S.Bane, AGP for the State/Respondent.

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CORAM: RAVINDRA V. GHUGE, J.

DATED : 04th FEBRUARY, 2022 P.C:- 1.

This petition is practically a proceeding under Section 134 of the Electricity Act, 2003.

2.

Shri Khare, the learned Advocate representing respondent No.1 refers to an order dated 18/09/2017 delivered by the learned Division Bench of this Court in Writ Petition (L) No.2332 of 2017 fled by Subhan Allah Ikramullah Khan against Maharashtra State Electricity Distribution Co. Ltd. and Ors., concluding that the statutory remedy under Section 135 of the Electricity Act is available.

M.M.Salgaonkar

2/2 26 WP-1089-22.doc 3.

The learned Advocate for the petitioners seeks leave to withdraw this petition so as to avail of the statutory remedy. 4.

In view of the above, this petition is disposed off as withdrawn with liberty to avail of the statutory remedy. ( RAVINDRA V. GHUGE, J.) M.M.Salgaonkar