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2023 DAILYLAW 2682 (BOM)

ROYAL ENERGY LTD. AND ANR v. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. AND ORS

WP/7509/2023 · 2026-02-12

Shri B P Colabawalla, Shri Firdosh Phiroze Pooniwalla

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

sr.18-wp-7509-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7509 OF 2023 Royal Energy Ltd. & Anr. .. Petitioners Versus Maharashtra State Electricity Distribution Co. Ltd. & Ors. .. Respondents Adv. Panthi Desai i/b M/s. M. P. Vashi & Associates for the Petitioners. Adv. Rahul Sinha, a/w Adv. Soham Bhalerao i/b DSK Legal for Respondent No.1. Adv. Kavita N. Solunke, Additional Government Pleader for Respondent -State Nos. 2 & 3. CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: FEBRUARY 12, 2026 P. C. 1. The above Writ Petition is filed seeking a Writ of Mandamus directing Respondent No.2 to accept the two demand drafts /pay orders for the amounts of Rs. 5,28,962/- and Rs. 21,158/- (appeal fees) respectively, and decide the appeal filed by the Petitioners on 4th April, 2014 against the Order dated 26th April, 2013 (received on 18th March, 2014). This Writ Petition has been filed because the Petitioners were not clear as to which was the Appellate Authority that would hear the Appeal filed by the Petitioner. FEBRUARY 12, 2026 Mansi shelke SMITA RAJNIKANT JOSHI Digitally signed by SMITA RAJNIKANT JOSHI Date: 2026.02.16 10:39:57 +0530 sr.18-wp-7509-2023.doc 2. It now transpires that the Appellate Authority would be the Chief Electrical Engineer (Incharge), Industries, Power and Labour Department, Government Building 3th Floor, Ramkrishna Chemburkar Marg, Chembur, Mumbai 400071 (Respondent No.3). 3. In these circumstances, we dispose of the Writ Petition by passing the following Order : a) The Petitioners shall, in compliance with Section 127(2) of the Electricity Act, 2003, deposit with Respondent No.1 a sum of Rs. 5,28,962/- within a period of two weeks from the date of uploading of this Order on the High Court website. b) In addition, the Petitioner shall pay the amount of Rs. 21,158/- as Appeal fees to Respondent No.3. This payment shall also be made within a period of two weeks from the uploading of this Order. c) Once the aforesaid directions are adhered to by the Petitioners, Respondent No.3 shall proceed to decide the Appeal of the Petitioners in accordance with law. Considering the fact that the Appeal is of the year 2014, Respondent No.3 shall give necessary priority to the disposal of the Appeal and shall endevour to dispose FEBRUARY 12, 2026 Mansi shelke sr.18-wp-7509-2023.doc it of as expeditiously as possible, and preferably within a period of four months from the date of uploading of this Order on the High Court website. d) The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs. 4. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] FEBRUARY 12, 2026 Mansi shelke