The High Court rejected a writ petition challenging recovery of electricity charges. The court held it would not use extraordinary jurisdiction to stop recovery from the disponent and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3665 OF 2006
Pune Zilla Sahakari Doodh
Utpadak Sangh. .. Petitioner.
vs.
Maharashtra State Electricity
Company Ltd., & Ors. .. Respondents.
Mr. J.Shekhar i/by J. Shekhar & Co. for Petitioner.
Mr. A.I. Patel, AGP., for Respondent Nos. 2 to 5.
Mr. P.P. Chawan i/by Little & Co. for Respondent No.1.
CORAM: J.N. PATEL, &
S.J. KATHAWALLA, JJ.
DATE: 3RD DECEMBER, 2008.
P.C.
. This petition raises an issue of payment of
electricity charges for supplying electricity to the
chilling plant at village Kondhapuri which was actually
consumed and used by respondent nos. 2 to 5. In our
view, the petitioner can always pay the amount on
behalf of respondent nos. 2 to 5 and recover the same
from them. But, for this purpose the Court is not
inclined to exercise its extraordinary jurisdiction for
preventing the respondent no. 1 from recovering
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electricity charges for the electricity consumed by the
petitioner or respondent nos. 2 to 4. We, therefore,
dismiss this petition with liberty to the petitioner to
approach respondent no. 2 to 5 to settle the account.
In any event, that does not prevent the respondent no.
1 from taking appropriate action against the persons
who are presently running the chilling plant to which
electricity was supplied and consumed. In view of the
fact that this Court has dismissed the petition,
interim orders passed by this Court do not survive.
(J.N. Patel, J.)
(S.J. Kathawalla, J.)
1 issue framed by the court
Whether extraordinary jurisdiction should be exercised to prevent the electricity company from recovering charges for electricity consumed by others.
Pune Zilla Sahakari Doodh Utpadak Sangh
Maharashtra State Electricity Company Ltd.
J.N. PATEL
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court