Sharda Mahila Griha Udyog And ANR v. Maharashtra State Electricity Board Bhusawal

RA196.2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 196 OF 2012 (FOR REVIEW) IN CIVIL REVISION APPLICATION NO. 143 OF 2008 SHARDA MAHILA GRIHA UDYOG,SURWADE AND ANOTHER

VERSUS

MAHARASHTRA STATE ELECTRICTY BOARD BHUSAWAL .........

Mr R. A. Deshmukh, Advocate for the applicants Mr Karwa, Advocate for respondent ..........

CORAM :

S. V. GANGAPURWALA, J.

DATE : 11TH SEPTEMBER, 2015.

PER COURT:

.

Mr Deshmukh, learned Counsel for the applicants, submits that this Court did not consider that no notice was issued to the present applicants before the demand was made. He further submits that, this is an error on the face of record. He also submit that, in fact, the District Court has allowed the appeal ex parte, the proper opportunity was not given to the present applicants to defend the appeal. Learned Counsel submits that, no dues were payable by the present applicants. All these aspects are required to be considered.

2.

Mr Karwa, learned Counsel for respondent, submits that this Court has considered the entire record while disposing of the revision.

3.

This being a review, the jurisdiction of this Court is in a

RA196.2012.odt narrow compass. The same can only on the face of record. Perusal of the revision memo itself and review application, there appears no ground that the notice was never served upon the present applicants. The Court has observed that there is no receipt produced to show that the amount of Rs. 5453.73 was paid as per the demand notice Exh. 25. 4.

This Court after having considered all the relevant aspects has confirmed the judgment of the District Court. No error apparent on the face of record.

5.

Revision Application as such is dismissed. No costs. [ S. V. GANGAPURWALA, J. ] sgp