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Bombay High CourtWP/6601/2023disposed off

Manraj Authomobiles Pvt. Ltd Through Its Director Parag Ashok Bedmutha v. Maharashtra State Electricity Distribution Company Ltd Through Its Executive Engineer

2023-06-20Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

( 1 ) 63 wp 6601.23 N THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 63 WRIT PETITION NO.6601 OF 2023 MANRAJ AUTHOMOBILES PVT. LTD THROUGH ITS DIRECTOR PARAG ASHOK BEDMUTHA

VERSUS

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD THROUGH ITS EXECUTIVE ENGINEER ...

Advocate for Petitioner : Mr. Talhar Ajay G.

Advocate for Respondents : Mr. A.R. Salve ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 20th June, 2023 P.C. :- 1.

Since the Petitioner has deposited, by now, 75% of the recoverable amount, the Respondent-Company has not disconnected the Petitioner' s electricity connection. According to the Petitioner, the Respondent has to follow the due procedure before initiating any notice to the Petitioner under Section 56(1) of the Electricity Act, 2003.

2.

The learned advocate representing the Company submits that the Petitioner can deposit the remainder amount without prejudice to it's rights and file a proceeding before the Internal Grievance Redressal Cell. The said authority would consider all the objections of the Petitioner including the issue

( 2 ) 63 wp 6601.23 of whether the proceedings before the IGRC are maintainable or not. The learned advocate for the Petitioner submits on instructions that the Petitioner is agreeable.

3.

In view of the above, this petition is disposed off by recording that the Petitioner would deposit the remainder amount with the respondent within ten days as per the statement made on instructions. 4.

The Petitioner would be at liberty to submit an application / proceeding before the competent authority as prescribed under Section 126 of the Electricity Act, if not already filed.

5.

By complying with the above direction, the authorities would follow the due procedure laid down in law and consider the objections raised by the Petitioner under Section 126 of the Electricity Act. 6.

After the hearing is completed, the concerned authority would pass a reasoned order under Section 126, within fifteen days after the conclusion of the hearing. Thereafter, the Petitioner would be at liberty to avail of a remedy as is provided in law.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub