Ravindra Atamaram Deshmukh v. Maharashtra State Electrictiy Distributio Co. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13601 OF 2025 Mr. Ravindra Atamaram Deshmukh and anr.

.. Petitioners Digitally signed by VINA ARVIND KHADPE Date:

2025.10.23 13:07:44 +0530

Versus

VINA ARVIND KHADPE Maharashtra State Electricity Distribution Co. Ltd. and ors.

.. Respondents Mr. Rajesh Darvesh, with Mr. Sanjay Singh, Mr. Ganesh Darvesh, Advocates for the Petitioners.

Mr. Soham Bhalerao, i/b. DSK Legal for the Respondents (Through V.C.).

CORAM:

AMIT S. JAMSANDEKAR, J.

DATE:

OCTOBER 22, 2025 (Vacation Court) P. C.

1.

Heard the Learned Advocate appearing for the Petitioners. 2.

The Learned Advocate appearing for the Respondents submitted that the present Writ Petition is not maintainable because the petitioner has an alternate remedy under the Electricity Act, 2003 ("the Act"). He relied upon section 153 of the Act and submitted that the actions of the Respondent impugned in the Petition are under Section 135 of the Act. He submitted that

the Act has made a provision of a Special Court, and the challenge to any act or action of the Respondent under Section 135 ought to be before the Special Court. He further submitted that the Petitioner has not produced all the documents and has not brought on record the relevant facts. Therefore, he submitted that time be granted to file a reply to oppose the grant of any relief to the Petitioner.

3.

The Civil Liability, Theft Bill issued by the Respondent is dated 10th September, 2025, which is issued pursuant to the spot Inspection Report dated 9th September, 2025. The Petition is filed after one month thereafter.

4. Therefore, the request of the Respondents to allow them to file a reply is reasonable.

5. The Respondents shall file their respective Replies within a period of one week from today, and serve a copy to the Petitioner on or before 30th October, 2025.

6.

At the request of the Learned Advocate appearing for the parties, the matter be placed on board on 6th November, 2025, under the caption "for directions".

7.

Assistant of this Court. All concerned will act on production by fax or email [ AMIT S. JAMSANDEKAR , J.]