S.C. Dharmadhikari, J.

Civil Writ Petition No.10764 of 2011 was placed before a Learned Single Judge of this Court on 24-1-2012. He made the following order:-

"1 Heard Ms. Raksha Gala, for the Petitioner.

2 On 17th January,2012, following order was passed:-

"1 Heard Ms. Gala, Advocate for Petitioner.

2 The impugned bill seeking difference of electricity charges levied on the basis of multiplying factor one instead of multiplying factor of 2 was issued in the month of December 2010 for the period of September, 2003 to December, 2010. Prima facie Sub-Section 2 of Section 56 of the Indian Electricity Act, 2003 will not empower the Petitioner to recover any amount for period of 2 years prior to the date of demand namely prior to December, 2008. The learned Advocate for the Petitioner has relied upon the Judgment of Division Bench (Ranjana Desai and A.A. Sayed, JJ) in the case of Rototex Polyester & anr. v/s. Administrator, Administration of Dadra and Nagar Havli (U.T.) Electricity Department, Silvassa & Ors., (2010) 4 BCR 456.

The Electricity Ombudsman relied upon the following Judgments of the High Court.

(a) Judgment of the Division Bench in W.P. (L) No.221 of 2006 Mr. Awadesh S.