Afsar Ahmed Siddeque v. Maharashtra State Electricity Distribution Company Ltd., And ANR.

oswp1650 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1650 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Nandkumar Sawant for the Petitioner Ms Anjali Shiledar-Baxi for the Respondent Nos.1 and 2.

CORAM : A.S.OKA, & G.S.KULKARNI,JJ.

DATE : DECEMBER 20, 2016 P.C.

The learned counsel for the petitioner does not dispute that the petitioner has AN efficacious remedy available under section 127 of the Electricity Act,2003 as final assessment order has been already made by the concerned Authority.

His contention is that though the petitioner offered to deposit 50% of the disputed amount, the concerned Authorities of the respondent are not accepting the same. The learned counsel for the respondent states that the said factual contention is not correct.

oswp1650 In view of the availability of an efficacious remedy, we dispose of the writ petition by granting liberty to the petitioner to adopt appropriate remedy. Needless to add that if the petitioner wants to deposit any amount, the concerned Officer of the first respondent shall accept the same without prejudice to its rights and contentions.

(G.S.KULKARNI,J.) (A.S.OKA,J.)