Sheth Cement Products Pvt. Ltd. vs Uttar Gujarat Vij Company Ltd.
2021 Latest Caselaw 16615 Guj

     C/SCA/15854/2021                               ORDER DATED: 22/10/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 15854 of 2021
==========================================================
                        SHETH CEMENT PRODUCTS PVT. LTD.
                                     Versus
                         UTTAR GUJARAT VIJ COMPANY LTD.
==========================================================
Appearance:
ANILKUMAR N MUNDRA(9205) for the Petitioner(s) No. 1
TIRTH NAYAK(8563) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
==========================================================
 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                Date : 22/10/2021

                                 ORAL ORDER

1. Mr.Tirth Nayak, learned advocate for the petitioner submitted that the petitioner is aggrieved by the notice dated 20.07.2021 whereby, Uttar Gujarat Vij Company Ltd. (hereinafter referred to as the "UGVCL') has required the petitioner to deposit an amount of Rs.1,69,850/-, failing which, the connection of the petitioner would be disconnected. It is submitted that the petitioner has purchased the property in auction from Gujarat State Financial Corporation in the year 2005; however, till date, no notice or any bill was issued by the UGVCL. It is also submitted that in the bill, which was issued of the month of August, 2021, the amount was only Rs.3979.63 and no such amount of Rs.1,69,850/- has been sought to be recovered. It is submitted that the petitioner has paid the amount of Rs.3979.63.

2. In support of his case, reliance is placed on the judgment in the case of Abdul Hamid vs. West Bengal State Electricity Distribution Company Limited reported in AIR 2017 Cal. 274. It is submitted that as per the provisions of sub-section (2) of Section 56 of the Electricity Act, 2003, it would be impermissible for the UGVCL to raise such a bill.

C/SCA/15854/2021 ORDER DATED: 22/10/2021

3. Having regard to the submissions made, issue notice, returnable on 24.11.2021.

4. In the meantime, no coercive steps be taken against the petitioner. Direct service is permitted.

(SANGEETA K. VISHEN,J) Hitesh