Maharashtra State Electricity Distribution Company Limited v. Ms Shankar Parvati Sizers

64-WP-8925-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8925 OF 2024 Maharashtra State Electricity Distribution Company Limited

...Petitioner

Versus

Ms. Shankar Parvati Sizers

...Respondent

------ Adv. Rahul Sinha i/b DSK Legal for the Petitioner. ------ Coram : Sharmila U. Deshmukh, J.

Date : July 1, 2024.

P. C. :

1.

By this Petition, the challenge is to the order passed by the Appellate Authority under Section 127 of the Electricity Act, 2003. 2.

Learned counsel for the Petitioner submits that apart from the merits of the matter, the Appeal to the Appellate Authority had to be filed within a period of 30 days from the date of the passing of the order under Section 126 of the Electricity Act, 2003. He submits that assessment order was passed on 30th September, 2022 whereas the Appeal was filed on 9th January, 2023. Inviting the attention of this Court to the provisions of Section 127 of the Electricity Act, 2003, he submits that there is no discretion vested in the Appellate Authority for condoning the delay caused in filing the Appeal 3.

Issue notice to the Respondent returnable on 29th July, 2024. In addition to Court notice, Petitioner to serve the Respondent by private notice by all permissible modes of service and file Affidavit of service before the returnable date.

[Sharmila U. Deshmukh, J.] Harish 1 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 03/07/2024 16:15:02