Partly allowed

Neha Dilip Doshi v. the Chief Enginner (KOP2) and Ors.

Bombay HC19 Aug 2004WP/6575/2004

Case brief

AI extract

What is this about?

This order grants a compromise allowing a power consumer to appeal against a demand by depositing 35% instead of 50%, with a direction to the board to reconnect supply pending the appeal outcome.

What did the court decide?

The Court directed the Board to accept a 35% deposit for appeal purposes and reconnected the electricity supply subject to payment of reconnection charges and the appeal's outcome.

Neha Dilip Doshi Vs the Chief Enginner (KOP2) and Ors. — Bombay HC (2004) — LawSathi Research

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶2

 Writ Petition No. 6575 of 2004

¶3

 Mrs.Neha Dili;p Doshi ..Petitioner

¶4

vs.

¶5

 1. The Chief Engineer (KOP2)
 and others ..Respondents

¶6

 Shri Ilteja Siddique for petitioner
 Smt.A.R.S.Baxi for respondents

¶7

CORAM: A.P.SHAH
&S.U.KAMDAR JJ.
19th August,2004

¶8

P.C.

¶9

 1. The petitioner has got an alternative remedy of
 appeal under Condition 31(e) of the Conditions and
 Misc.Charges for Supply of Electricity Energy
 framed by the respondent Board. The petitioner
 agrees to prefer appeal as per condition 31(e)
 within four weeks.

¶10

 2. Normally the appeal under Condition 31(e) can

¶11

 be heard only subject to predeposit of 50% of the
 amount. However, having regard to the fact that
 the petitioner’s factory has remained closed for
 last more than 2 and half years, we direct the
 Board to accept the deposit of 35% of the amount
 demanded. The petitioner shall deposit the said
 amount within 12 weeks. If the amount is deposited
 the Appellate Authority shall consider the appeal

¶12

 on merits and pass appropriate order in accordance

¶13

 with law.

¶14

 3. On deposit of the 35% of the amount as

¶15

 aforesaid, the respondent Board is directed to
 reconnect the electricity supply sbuject to payment
 of reconnection charges, however, such reconnection
 of supply shall be subject to the outcome of the
 appeal.

¶16

4. Petition is accordingly disposed of.

¶17

5. Parties to act on authenticated copy.

Neha Dilip Doshi v. the Chief Enginner (KOP2) and Ors.

Case brief

What is this about?

What did the court decide?

Neha Dilip Doshi v. the Chief Enginner (KOP2) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Abdul Wahab Habiburrahman Vs Malegaon Municipal Corporation and Ors.

Ravi Pandurang Mhatre Vs Navi Mumbai Municipal Corporation and Ors.

Sanskrit Vidya Mandir Shikshan Sanstha Vs Pune Municipal Corporation and Ors.

Shri Arvind Kashinath Kulkarni Vs 1. State of Maharashtra and Another

Nevitad Distilleries Private Ltd. Vs the State of Maharashtra and Ors.

Vinayak Rama Shegaj I Vs the State of Maharashtra and Ors.