Maharashtra State Electricity Distribution Company Ltd. v. Biyani Ispat Pvt. Ltd.

905-FAST-4219&4208-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 4219 OF 2013 WITH FIRST APPEAL (ST.) NO. 4208 OF 2013 Maharashtra State Electricity Distribution Company Ltd.

...Appellant

Versus

M/s. Biyani Ispat Pvt.Ltd.

...Respondent

---------- Mr. Rakesh Singh, i/b M.V. Kini & Co., for the Appellant. Mr. P.M. Jadhav, for Respondent.

---------- CORAM :

R.M. SAVANT, J.

DATE :

9th August 2016 P.C. :

1.

The Appellant Maharashtra State Electricity Distribution Company Ltd. ("MSEDCL" in short) in the above Appeals was directed to pay costs of Rs. 500/- to the Respondent in each of the above Appeals by the order dated 23rd September 2013. There is some dispute as regards whether the said costs have been paid. Though it is the case of the Appellant that the costs in fact have been paid, the Sharayu.

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905-FAST-4219&4208-13.doc learned Counsel appearing for the Appellant has not been able to produce any material to indicate the same. Hence, it would have to be presumed that the said costs have not been paid by the Appellant as on date. In my view, since the order imposing costs has been passed as long back on 23rd September 2013, it would be just and proper to enhance the said costs to Rs. 1,000/- to be paid to the Respondent in each of the above Appeals within one week from date to be handed over to the Advocate on record Shri. P.M. Jadhav. 2.

Both the Appeals thereafter to be transmitted to the District Court, Pune, as the valuation of the Appeals is below Rs. 1.00 Crore.

[R.M. SAVANT, J.] Sharayu.

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