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Bombay High CourtSA/464/2012dismissedrule discharged

Ansari Md Arif Abdul Rehman Thr Gpa Md Sharif Abdul Rehman v. The Mah State Electricity Distribution Company Ltd Dhule

2019-12-16Hon'Ble Shri Justice M. G. Sewlikar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 SECOND APPEAL NO.464 OF 2012 ANSARI MD ARIF ABDUL REHMAN THR GPA MD SHARIF ABDUL REHMAN

VERSUS

THE MAH STATE ELECTRICITY DISTRIBUTION COMPANY LTD DHULE ...

Advocate for Appellant : Mr.Khan M.B.W.

Advocate for Respondent : Mr.S.V.munde ...

CORAM : M.G.SEWLIKAR, J.

DATE : 16th DECEMBER, 2019.

ORDER :

Heard Mr. M.B.W.Khan, learned counsel for the appellant. Both Courts have concurrently held that the Civil Court has no jurisdiction to entertain the suit, in view of bar contained in Section 145 of the Electricity Act, 2003. Appellant is challenging the assessment made by the respondents, on the ground that the respondents did not follow the mandatory provisions of law. The learned First Appellate Court has dealt with this aspect of the matter in detail. I do not find any error in the same. No substantial question of law is made out. Hence appeal is dismissed. No costs. [ M.G.SEWLIKAR ] JUDGE mahajansb/