The South Indian Education ... vs State Of Maharashtra, Through ...
2023 Latest Caselaw 4988 Bom

                                                                9-OSI-1089-2023 IN WP-3295-2022.DOC




                                                                                                   Shephali



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                   INTERIM APPLICATION NO. 1089 OF 2023
                                                              IN
                                          WRIT PETITION NO. 3295 OF 2022


                       The South Indian Education Society                                 ...Applicant
                              In the matter between
                       The South Indian Education Society                                ...Petitioner
                              Versus
                       State of Maharashtra, through Secretary,                      ...Respondents
                       Industries, Energy and Labour Department & Ors


                       Mr Anuj Jaiswal, i/b Little & Co, for the Applicant/Petitioner.
                       Mr Himanshu Takke, AGP, for the Respondent-State.


                                                     CORAM     G.S. Patel &
                                                               Neela Gokhale, JJ.

                                                     DATED:    5th June 2023
                       PC:-

SHEPHALI
SANJAY

MORMARE 1. The Interim Application is listed for directions today. This is Digitally signed by SHEPHALI SANJAY MORMARE the only reason we are not disposing it of. The main Writ Petition Date: 2023.06.05 12:22:17 +0530 was decided by an order dated 12th July 2022 by the Division Bench to which one of us was a member (GS Patel J) sitting with Mr Abhay Ahuja J. There were two Writ Petitions. Writ Petition (L) No. 3656 of 2020 sought a refund of excess charges from the Brihanmumbai Electric Supply & Transport ("BEST"). The lead Petition had a

5th June 2023

9-OSI-1089-2023 IN WP-3295-2022.DOC

similar relief against the Maharashtra State Electricity Distribution Company Limited ("MSEDCL"). The MSEDCL refund has been processed and the amount has been refunded. So far as the BEST is concerned, no action whatsoever has been taken although the amount has been ascertained, in the sense that the refund has not being processed. We are also not informed that there is any challenge filed by the BEST to the final judgment and order of 12th July 2022, nor that there is a stay granted by the Supreme Court on the implementation of that order and judgment. We do not see how BEST can simply not comply with our order for almost exactly one year.

2. The learned Advocates for the Petitioners are requested to give fresh notice.

3. The Registry will issue a fresh notice on the Interim Application to the BEST. Notice is made returnable urgently and is to be served by the Registry by hand delivery.

4. List the matter on Monday, 12th June 2023 for orders.

 (Neela Gokhale, J)                                      (G. S. Patel, J)





                               5th June 2023