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Bombay High CourtCA/13346/2018disposed offdismissed for default

Maharashtra Electricity Regulatory Commission v. The Maharashtra Krushak Hitwardhak Sanghatana Muktainagar Thru President And Others

2018-10-29Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

13346.18ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13346 OF 2018 IN PUBLIC INTEREST LITIGATION NO.114 OF 2017 Maharashtra Electricity Regulatory Commission, 13th Floor, Centre No.1, World Trade Centre No.1, World Trade Centre, Cuff Parade, Mumbai 05 ..APPLICANT

VERSUS

Maharashtra Krushak Hitwardhak Sanghatana, Muktainagar, Tq. Muktainagar, Dist. Jalgaon, Through its President Prakash Gambhir Mahajan, Age: 61 years, Occu: Agriculturist, R/o Karki, Tq. Muktainagar, Dist. Jalgaon & ors.

..RESPONDENTS Mr P. P. Uttarwar, Advocate for applicant;

Mr Pramod Gaikwad, Advocate holding for Mr A. G. Talhar, Advocate for respondent No.1 Mrs A. V. Gondhalekar, A.G.P. for respondent Nos.2 to 4; Mr Ruchir Wani, Advocate holding for Mr A. S. Bajaj, Advocate for respondent No.5 CORAM : PRASANNA B. VARALE AND SUNIL K. KOTWAL, JJ.

DATE : 29th October, 2018 ORAL ORDER:

Heard learned Counsel appearing on behalf of the applicant and learned Counsel appearing on behalf of respective respondents.

13346.18ca (2) 2.

The applicant is before this Court with a prayer for extension of period. Our attention is invited to the order dated 20th August, 2018, passed by this Court. Learned Counsel for the applicant fairly submitted that though this Court directed the Commission to undertake the exercise within a stipulated period of eight weeks, still for certain difficulties, which are beyond the control of the Commission, the applicant Commission is unable to complete the said exercise within stipulated period as directed by this Court. He, thus prays for extension of the period by six more months. 3.

Though request is made before this Court for extension of period by six months, considering the reasons stated in the application, we are of the opinion that extension of further period of three months would meet the ends of justice and it would be also in consonance with our order dated 20 th August, 2018.

4.

Resultantly, civil application is partly allowed. The applicant is allowed to undertake the exercise with an extended period of three months only. Civil Application is disposed of accordingly. (SUNIL K. KOTWAL, J.) (PRASANNA B. VARALE, J.) sjk