The Maharashtra State Electricity ... vs Dinesh Ramkaran Varma
2024 Latest Caselaw 23058 Bom

Bombay High Court

The Maharashtra State Electricity ... vs Dinesh Ramkaran Varma on 7 August, 2024

                                (1)                      939-941.odt



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

                 WRIT PETITION NO. 8348 OF 2024

 THE MAHARASHTRA STATE ELECTRICITY DISTRIBUTION
  COMPANY LTD THROUGH ITS EXECUTIVE ENGINEER
                    VERSUS
            DINESH RAMKARAN VARMA

                             AND
                 WRIT PETITION NO. 8350 OF 2024

 THE MAHARASHTRA STATE ELECTRICITY DISTRIBUTION
                         COMPANY LTD
                             VERSUS
 MS VAISHNAVI MILK AND MILK PRODUCTS THROUGH ITS
                          PROPRIETOR
                                ...
Mr. Avishkar S. Shelke, Advocate for the Petitioners.
Mr. P. H. Kapdia (absent), Advocate for Respondent.
                                ...

                          CORAM : S. G. CHAPALGAONKAR, J.

DATED : 07th AUGUST, 2024.

P.C.:-

1. Heard Mr. Shelke, learned Advocate appearing for the petitioners.

2. He submits that in pursuance of the mistake in application of the multiplier, there was escape assessment of the electricity bill.

After noticing the mistake in application of the multiplier, the corrected bill was issued seeking recovery of escaped assessment. He would submit that under impugned order, the petitioner is permitted to recover escaped assessment only for the period of two years, although such dues are for the period from September 2017 till September 2023 i.e. almost six years. He would submit that Section 56 of the Electricity Act, 2003, which restricts recovery of the dues for only two years has no application in present case.

(2) 939-941.odt

In support of his contentions, he relies upon judgment of the Supreme Court of India in case of Prem Cottex Vs. Uttar Haryana Bijli Vitran Nigam Limited1.

3. Considering the submissions advanced, issue notice to the respondents, returnable on 18.09.2024. Till then, no coercive action shall be taken against the petitioner in terms of Section 142 and 149 of the Electricity Act, 2003.

4. Although there is caveat filed by Mr. P. H. Kapdia, the address for service of notice is given of the respondent. Such caveat without address of Advocate practicing in this Court cannot be impediment to consider the grant of interim relief.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2024

1 2021 (7) Supreme 268.