Dismissed
Tushar Katrecha Prop of Vitco Flush Door v. Brihanmumbai Mahanagar Palika and Anr.
Bombay HCWP/1803/2007
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from the order text
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THE HIGH COURT OF JUDICATURE AT BOMBAY THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1803 OF 2007
Tushar Katrecha, Prop. of
Vitco Flush Door..Petitioner
V/s.
Brihanmumbai Mahanagar Palika
& Ors...Respondents
.......
Mr. D.S. Sakhalkar for the Petitioner
Mr. A.B. Ketkar with Ms. Kavita Anchan i/by M.V. Kini &
Co. for Respondent No.2
CORAM : SHRI J.N.PATEL &
SHRI K.K.TATED, JJ.
DATE : 26TH AUGUST, 2008.
P.C.:
.Heard.
2.The Petitioner has an alternative remedy to
approach the Appellate Authority under Section 127 of
the Electricity Act, 2003. We are, therefore, not
inclined to grant any adjournment on the ground to seek
instructions as regards an alternative remedy.
: 2 :
2.We make it clear that this Court under
Electricity Act, 2003 is not disposing off this Petition
on merits of the matter and the parties are at liberty
to agitate the matter before the Appellate Authority,
which is competent to take a decision.
3.Relating to all these issues and contentions
raised in this Petition, Petition is dismissed
accordingly, with liberty.
3 issues framed by the court
Whether the High Court can entertain the writ petition when an alternative remedy under Section 127 of the Electricity Act, 2003 is available.
Whether the High Court should dispose of the petition on merits when the Appellate Authority is competent to decide the matter.
Whether to grant liberty to proceed with the petition dismissed.
1 provisions across 1 enactments
Tushar Katrecha
Brihanmumbai Mahanagar Palika
J.N. Patels
K.K. Tated
As recorded by the court registry
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