1 wp8595.22.O.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.8595 OF 2022 (Maharashtra State Electricity Distribution Company Ltd., thr. its Executive Engineer, Bhandara Vs. M/s Jhajharia Nirman Pvt. Ltd., thr. its authorized signatory and power of attorney holder Mr. Pratik s/o Naresh Agrawal and another) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders. ---------------------------------------------------------------------------------------------------------------------------------- Mr. S. V. Purohit, Advocate for Petitioner. None for Respondent Nos.1 and 2. CORAM: R. M. JOSHI, J. DATE: 9 th JULY, 2025. 1. None for the respondent in spite of service of notice. 2. Learned Counsel for the petitioner submits that the Electricity Ombudsman by the impugned order has permitted the petitioner to recover the tariff difference only for 24 months for the period from June 2019 to May 2021. He submits that implication thereof would be that the petitioner is prevented from recovering the tariff difference from January 2019 to May 2019. It is his submission that in view of the law settled by the Hon’ble Supreme Court in the case of K.C. Ninan v. Kerala State Electricity Board and ors. [2023 SCC OnLine SC 663] the period of limitation under Section 56(2) of the Electricity Act is relatable to the sum under Section 56 and it would apply only for the purpose of the remedy of disconnection of electric supply. It is not the 2 wp8595.22.O.odt law that the petitioner is prevented from recovery of the amount of tariff difference beyond the period of 24 months. 3. The position of law is now settled to say that the period of limitation as prescribed in Section 56(2) relates only to the disconnection of the electricity and not for the recovery of the tariff. Hence, the impugned order deserves to be modified with clarification that it is open for the petitioner to recover the tariff difference for the period from January 2019 to May 2019 in accordance with law. 4. The petition is disposed of in above terms. (R. M. JOSHI, J.) NSN