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Bombay High CourtCA/13537/2018disposed offdismissed for default

M/S Paradise Polymers Ltd Through Its Authorised Person Bhimsing Harising Patil v. The Superinteding Engineer Maharashtra State Electricity Distribution Company Ltd Jalgaon

2018-11-01Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13537 OF 2018 IN WP/8085/2016 M/S PARADISE POLYMERS LTD THROUGH ITS AUTHORISED PERSON BHIMSING HARISING PATIL

VERSUS

THE SUPERINTEDING ENGINEER MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD Mr.B.L.Sagar Killarikar, Advocate h/f Mr.N.T.Tribhuwan, Advocate for the applicant Mr.S.K.Tambe, AGP for the respondent/State Mr.A.S.Shelke, Advocate for respondent Nos.1 and 2. CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

01.11.2018 P.C. :- 1.

Mr.Killarikar, learned counsel for the applicant submits that pursuant to the order passed by this Court on 09.10.2018 in Writ Petition No.8085 of 2016, the petitioner had filed an appeal before the MERC. However the next sitting of MERC is on 30.11.2018 and the respondents have issued notice to the petitioner to pay the amount of Rs.1,09,97,223.60 within 15 days or else electricity supply would be disconnected. 2.

Mr.Shelke, learned counsel for the respondent submits that it is for the applicant to move the MERC. MERC has also kept hearing of the matter on 12.11.2018. The applicant has not taken steps to move the matter

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3.

The applicant shall move the matter with the MERC expeditiously showing the urgency in the matter. The MERC shall consider the urgency as submitted by the petitioner and hear the matter peremptorily. The respondent may not take coersive action pursuant to the notice dated 23.10.2018 (Exh.D) till 21.11.2018. 4.

The Civil Application is disposed of.

[S.M.GAVHANE,J.] [S.V. GANGAPURWALA,J.] ssp/Oct.18/ca33555.16