Gujarat High Court
Madhya Gujarat Vij Co. Ltd vs Arif Mohammed Abdulsamad Luhar on 28 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/2707/2025 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
2707 of 2025
In R/LETTERS PATENT APPEAL NO. 914 of 2025
With
R/LETTERS PATENT APPEAL NO. 914 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 2666 of 2025
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MADHYA GUJARAT VIJ CO. LTD.
Versus
ARIF MOHAMMED ABDULSAMAD LUHAR & ANR.
=============================================
Appearance:
MS.MANVI DAMLE FOR NANAVATI & CO.(7105) for the
Applicant(s) No. 1
SERVED BY RPAD (N) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 28/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The office report indicates that notice sent to the respondent No.1 through RPAD (dispatched on 13.06.2025) have been served on 09.06.2025. No one is appearing for respondent No.1. The delay of 21 days in filing the Letters Patent Appeal is explained to the satisfaction of the Court. The delay condonation application is hereby allowed. The delay of 21 days is condoned. Office shall allot regular number to the appeal.
2. On the merits of the judgment and order dated 05.03.2025 passed by the learned Single Judge in dismissing the writ petition Page 1 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:19:22 IST 2025 NEUTRAL CITATION C/CA/2707/2025 ORDER DATED: 28/07/2025 undefined challenging the order dated 05.09.2024 passed by the appellate authority in Appeal No. 2 / 2024 - 2025, it was submitted by Ms.Manvi Damle, the learned advocate appearing for the appellant that the reference to Clause '4.95' of the Gujarat Electricity Commission (Electricity Supply Code and Related Matters) Regulations, 2015 (for short, 'the Regulations' 2015') by the appellant authority to deal with the matter where the proceedings for unauthorized use of electricity under Section 126 of the Electricity Act, 2003 were initiated, is wholly uncalled for.
3. The submission is that the provisional bill, subject matter of challenge before the appellate authority, was issued on the basis of an inspection of the premises in question and the inspection report dated 04.04.2024, wherein due opportunity of hearing was granted to the consumer. It is submitted that the consumer was found in use of excess load than the sanctioned load in a premises where he was using machineries, which led to initiation of the proceedings under Section 126 of the Electricity Act, 2003.
4. The submission is that the opinion drawn by the appellate authority that there has been a breach of Clause '4.95' of the Regulations' 2015 at the ends of the authority and the consumer is entitled for regularization of the increase load is contrary to the provisions contained in the Regulations' 2015. A reference is made to the Division Bench Judgment dated 09.10.2024 in Letters Patent Appeal No.1315 of 2019, wherein similar issue has been decided.
5. Noticing the above, we find that the matter requires scrutiny. The effect and operation of the judgment and order dated 05.03.2025 in Special Civil Application No.2666 of 2025 and also Page 2 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:19:22 IST 2025 NEUTRAL CITATION C/CA/2707/2025 ORDER DATED: 28/07/2025 undefined the order dated 05.09.2024 passed by the appellate court in Appeal No.2 / 2024 - 2025 is hereby stayed. It is open for the appellant to proceed against the respondent No.1 strictly in accordance with law.
6. Put up this matter on 11.08.2025. By the next date fixed, the respondent No.1 may file his reply.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) SAHIL S. RANGER Page 3 of 3 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:19:22 IST 2025