Maharashtra State Electricity Distribution Co. Ltd., Gondia Through Its Executive Engineer v. Guru Teg Bahadur Singh Rice Mill, Prop. Kamlesh Gulabwani And Another

2023:BHC-NAG:15966 1.wp.5010.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5010 OF 2018 M.S.E.D.C.L. O & M, through its Executive Engineer, Gondia .Vs. Guru Teg Bahadur Singh Rice Mill, Prop. Kamlesh Gulabwani and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.M. Quazai, Advocate for petitioner.

CORAM : ANIL S. KILOR, J.

DATED : 02/11/2023 1.

In view of the judgment of the Hon'ble Supreme Court of India in the case of Assistant Engineer (D1) Vs. Rahamatullah Khan alias Rahamjulla1, wherein the Hon'ble Supreme Court of India has observed that, Section 56(2) of the Electricity Act, 2003, does not preclude the licensee company from raising a supplementary demand after the expiry of the limitation period of two years. It only restricts the right of the licensee to disconnect electricity supply due to non-payment of dues after the period of limitation of two years has expired, nor does it restrict other modes of recovery which may be initiated by the licensee company for recovery of a supplementary demand. 2.

In the circumstances, the writ petition is disposed of with liberty to the petitioner to file appropriate proceeding before the appropriate forum as permissible under the law.

JUDGE C.L.Dhakate 2020 DGLS (SC) 201