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2016 Supreme(Bom) 1423

S.V.GANGAPURWALA, K.L.WADANE
Vinay Tilokchand Karnavat – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. R. R. Mantry, Advocate h/for, Mr. R. R. Sancheti, Advocate.
For the Respondent:Shri B. A. Shidne, Mr. Ratnakar Singh, Advocate, Mr. Anil S. Bajaj, Advocate.

JUDGMENT :

K.L. Wadane, J.

1. Heard the learned counsel for the parties.

2. Rule. Rule made returnable forthwith. With consent of parties, the petition is taken up for final disposal.

3. The petitioner has challenged the order passed by respondent no.2, dated 5th September, 2013 along with public notice dated 24.02.2015 and the proceedings of advertisement No. 12/2014 by which respondent No.2 has fixed tariff. The petitioner has further challenged the order passed by respondent No.2 in Case No. 95/2013, dated 25.06.2015 by way of amendment in the writ petition.

4. The petitioner is a consumer of respondent No.3Company. Respondent No.2 is a Regulatory Commission established under the Electricity Act, 2003. It has power to fix tariff and is expected to be a watchdog of interest of the consumers and function transparently.

5. According to the petitioner, on 16.08.2012, respondent No.2 settled the tariff w.e.f. 1st August, 2012 in case No.19/2012. As per provisions of Electricity Act, respondent No.3 has to apply to respondent No.2 for increase in the tariff. On such application, respondent No.2 Commission has to issue a public notice, it has to call and hear objections of the consumers and


























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