1. The writ jurisdiction of this Court under Article 226 of the Constitution of India is invoked against the order dated 18/01/2016 passed by the Appellate Authority i.e. the Superintendent Engineer, Mumbai Regional Electric Inspection Committee, Industry, Energy and Labour Department, Mumbai by which order, the Appeal filed by the Petitioner under Section 127 of the Indian Electricity Act, 2003 came to be rejected for the reasons mentioned therein.

2. The facts giving rise to filing of the above Petition can in a nutshell be stated thus:

The Petitioner herein is the owner of Flat bearing Nos. 605/606 situated at Kingston Towers, G.D. Ambedkar Marg, Kalachowki, Parel, Mumbai – 400 033. The Petitioner had entered into a Leave and License Agreement with one M/s. Laurent & Benon Management Consultants Ltd. It seems that the said Company defaulted in making payment of the license fees, on account which the license came to be terminated by the Petitioner and the Petitioner thereafter took possession of the said flats in question. The Petitioner in respect of the said flats on 07/04/2015 received a final assessment order dated 30/03/2015 issued by the Respondent No. 5 herein. In the said final assessment order a reference is made to the provisional assessment order dated 17/04/2014. It is the case of the Petitioner that she was never served with the provisional assessment order. On receipt of the said final assessment order dated 30/03/2015, the Petitioner addressed a letter to the Respondent No. 3 calling upon the Respondent No. 3 to furnish copies of the documents relating to the said assessment along with calculations and the provisional assessment order dated 17/04/2014 which was for an amount of Rs.6,23,145/- for the period between 07/01/2011 and 24/02/2014. The Petitioner once again vide letter dated 26/11/2015 reiterated the said requisition. The Petitioner thereafter forwarded a cheque bearing No. 335571 dated 01/11/2015 for an amount of Rs.2,24,263/- being 50% of the amount mentioned in the final assessment order. The Petitioner requested that since there is a delay in filing the Appeal, the Petitioner may be permitted to file the Appeal under the provisions of the Indian Electricity Act, 2003 (“the Electricity Act” for short).

3. The Respondent No. 3 in response to the said letter communicated to the Petitioner that it has no objection to the Petitioner filing an Appeal under Section 127 of the said Act. The Petitioner accordingly filed an Appeal under Section 127 of the said Act in respect of the final assessment order dated 30/03/2015. The Respondent No. 4 herein i.e. the Appellate Authority by the impugned order dated 18/01/2016 dismissed the Appeal interalia on the ground that the Appeal was filed beyond the period of limitation; that the Petitioner had not deposited 50% of the amount as required under Section 127 of the said Act and that the Petitioner had not paid 2% of the assessment amount as the fees.

4. The Respondent No. 3 thereafter vide letter dated 05/02/2016 demanded the remaining amount of Rs.2,24,263/- within a period of 15 days. The Petitioner vide letter dated 11/02/2016 requested the Respondent No. 3 not to proceed in terms of their demand letter dated 05/02/2016 as the Petitioner intended to take recourse in law against the said order dated 18/01/2016. That is how the instant Writ Petition has been filed challenging the order dated 18/01/2016 passed by the Respondent No. 4 dismissing the Appeal filed by the Petitioner.

5. Heard the learned counsel for the parties.

6. SUBMISSIONS ON BEHALF OF THE PETITIONER BY THE LEARNED COUNSEL SHRI ANKIT LOHIA

(A) That the Appellate Authority had erred in rejecting the Appeal filed by the Petitioner on the grounds mentioned in the order.

(B) That in so far as the ground of non-deposit of 50% of the amount due which is a condition precedent for filing of the Appeal is concerned, the said ground is not sustainable in view of the fact that the Petitioner has already d