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Bombay High CourtWP/9402/2023disposed off

Bhimrao Vishwanath Kadam v. The Executive Engineer Msed Co Ltd Urban Division Nanded And Another

2023-08-29Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade1 pages

912wp9402-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO.9402 OF 2023 BHIMRAO VISHWANATH KADAM

VERSUS

THE EXECUTIVE ENGINEER MSED CO LTD URBAN DIVISION NANDED AND ANOTHER ...

Advocate for Petitioner : Mr. Dhage Vaibhav B. Advocate for Respondents 1 and 2 : Mr. Anil S.Bajaj

CORAM

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

DATE : 29th August, 2023 ORDER:

1.

Pursuant to hearings on 01.08.2023, 09.08.2023 and today, we expressed our disinclination. The learned Advocate for the Petitioner submits on instructions that the Petitioner desires to lodge an appeal under section 127 of the Electricity Act, 2003. He, therefore, prays for leave to withdraw this Petition.

2.

In view of the above, this Petition is disposed off as withdrawn.

3.

Needless to state, the Respondent Company would consider the said appeal within the contours of law and by following the due procedure established by the law.

4.

The contention of the Respondent Company that the appeal, in case of theft, is not maintainable, is left open. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan