Phase I Tld Co Op. Hsg. Soc. Ltd vs The Maharashtra State Electricity ...

Citation : 2026 Latest Caselaw 5453 Bom
Judgement Date : 22 May, 2026

[Cites 0, Cited by 0]

Bombay High Court

Phase I Tld Co Op. Hsg. Soc. Ltd vs The Maharashtra State Electricity ... on 22 May, 2026

                                                                  501-WP-6787-2026.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                WRIT PETITION NO. 6787 OF 2026
Phase I TLD Co-operative Housing Society ... Petitioner
Limited
                      Versus
The Maharashtra State Electricity Distribution       ... Respondents
Company Limited and Anr.

                             --------------------
Mr. Aniesh S. Jadhav i/b Mr. Akshay Tapkir, for the Petitioner.
None for the Respondents.
                                 --------------------
                                CORAM : GAUTAM A. ANKHAD &
                                                SANDESH D. PATIL, JJ.

                                DATE     : 22nd MAY, 2026.
                                            (VACATION COURT)
P.C. :

1.        Mr. Aniesh S. Jadhav, learned counsel appearing for the Petitioner

submits that the present Petition has been filed under extreme urgency on

account of the sudden disconnection of electricity supply by Respondent

no.1. It is submitted that in accordance with the prevailing practice of this

Court, a praecipe was filed at 11:00 a.m today seeking circulation of the

matter on the Production Board. Upon production being granted, notice of

the proceedings was duly served/emailed upon the Respondents.


Manisha                                                                               1/4




 ::: Uploaded on - 22/05/2026                    ::: Downloaded on - 23/05/2026 01:31:29 :::
                                                                     501-WP-6787-2026.doc




2.        Issue Notice to the Respondents, returnable on 22 nd June 2026. In

addition to Court notice, private service is permitted.


3.        Mr. Jadhav submits that the Petitioner is a Co-operative Housing

Society consisting of approximately 594 members and that the electricity

supply to the Society has been abruptly disconnected by Respondent no.1.

He invites attention to the electricity bills for the months of January 2026

and February 2026 amounting to Rs.6,18,500/- and Rs.7,22,250/-

respectively and submits that the said amounts were paid by the Developer,

Pune       Kondhwa        Realty   Private   Limited,   which        is    undertaking

redevelopment of a portion of the property. According to the learned

counsel, the Society has subsequently reimbursed the Developer for the said

payments. It is further submitted that Respondent no.1 has raised claims

against the Developer, which is disputed by the Developer in separate

proceedings. In that regard, reliance is placed upon the order dated 11 th

March 2026 passed by the Consumer Grievance Redressal Forum

constituted by Respondent No.1, whereby the complaint filed by the

Developer came to be partly allowed. The operative portion of the said

order reads thus:

Manisha                                                                                 2/4




 ::: Uploaded on - 22/05/2026                      ::: Downloaded on - 23/05/2026 01:31:29 :::
                                                                  501-WP-6787-2026.doc




                                  ORDER

1) Grievance of the Complainant stands partly allowed.

2) The Respondent is directed to set aside the bill of Rs.1,87,07,699/-.

3) The Respondent is directed to issue the revised bill for the period from Jan 2021 to Dec 2022 i.e for 2 years retrospectively.

4) The Respondent is directed to refund the excess amount if paid by the Complainant against the disputed bill.

5) The Respondent is directed to waive off interest and DPC, if it is levied earlier.

6) The order should be followed with the observations under which, proceedings are considered and finalized.

7) The Respondent is directed to report the compliance within one month from for the date of receipt of this order.

4. Subsequent to the aforesaid order, Respondent no.1 issued the electricity bill for March 2026 raising a demand of Rs.60,21,310/-. On 17 th March 2026, Respondent no.1 informed the Developer that it proposed to challenge the aforesaid order of the Consumer Grievance Redressal Forum, without prejudice to its rights and contentions. A copy of the said letter is annexed to the petition.

5. The material on record indicates that the electricity charges up to February 2026 are fully paid and the dispute pertains essentially to the subsequent recomputed demand which Respondent no. 1 itself intends to Manisha 3/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:29 ::: 501-WP-6787-2026.doc challenge. In such circumstances, Respondent no.1 could not arbitrarily disconnected electricity supply affecting 594 families without notice to the Petitioner-Society. The abrupt disconnection of electricity causes serious hardship and inconvenience. Prima facie, therefore, the Petitioner has made out a case for immediate protection and ad-interim relief is granted in terms of prayer clause (b), which reads

(b) That pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to direct the Respondents to restore the electricity supply which was arbitrarily and illegally disconnected by the Respondents on 20 May 2026 without any notice whatsoever.

6. Affidavit-in-reply shall be filed by the Respondents on or before 15th June 2026. List the matter on 22nd June 2026.

(SANDESH D. PATIL, J.)                     (GAUTAM A. ANKHAD, J.)




Manisha                                                                             4/4




 ::: Uploaded on - 22/05/2026                  ::: Downloaded on - 23/05/2026 01:31:29 :::