The court emphasized that a petitioner cannot claim the benefits of an expired scheme a decade later and refused to grant any protective order for the electricity supply.

JUDGMENT :

S.C. Dharmadhikari, J.

By this Petition under Article 226 of the Constitution of India, the Petitioner before us has challenged the decision of 22nd March 2019, a copy of which is at Exhibit "A" to this Petition. This decision is a communication from the Department of Industry, Energy and Labour, Government of Maharashtra to the Chairman of the Maharashtra State Electricity Distribution Company Limited ("MSEDCL"). It says that the Chairman should act in accordance with the Government's communication of 19th March 2019 and the order of this Court dated 25th January 2019. It says that the earlier letter of 7th February 2019 of the Government should be treated as non-est and cancelled.

2. The Petitioner appears to be aggrieved by this because following this, on 3rd May 2019, the MSEDCL came to disconnect its electricity supply. That is a communication dated 24th April 2019.

3. Since heavy reliance is placed upon certain previous legal proceedings, to appreciate the argument of Mr Aney, learned Senior Advocate appearing for the Petitioner, it would be advantageous to set out the complete facts.

4. The Petitioner before us is a company incorporated under the Companies Act 1956. It has its registered office at the address mentioned in the cause title and a manufacturing unit which manufactures steel ingots with a production capacity of 30,000 tonnes per annum. The Petitioner has set out as to how it has 360 workers, manufactures special steels catering to the needs of various ordnance factories and the nuclear fuel complex at Hyderabad, Bharat Heavy Electricals Limited, National Thermal Power Corporation etc. As such it is a heavy consumer of electricity.

5. The Petitioner says that it is a sick company registered with the Board of Industrial and Financial Reconstruction ("BIFR") under Case No. 274 of 1998 under the then Sick Industrial Companies (Special Provisions) Act 1985 ("SICA").

6. The Petitioner says that it fled Writ Petition No. 10147 of 2015 before this Court. This Writ Petition is admitted by order dated 11th April 2017. The Petition was fled inter alia seeking appropriate orders and directions to the Respondent No. 1, the State of Maharashtra, and the Respondent No. 2, the Principal Secretary of Department of Industries, Energy and Labour to enforce and implement a Government Resolution dated 29th March 2008 read with a 2006 policy so as to grant relief to the Petitioner as per a 'Special Amnesty Scheme'. That amnesty scheme grants complete waiver of interest and delayed payment charges. The Petitioner says it is entitled to the benefit under this Special Amnesty Scheme and the one-time settlement in terms of this Government Resolution.

7. The Writ Petitioner also fled Writ Petition No. 377 of 2019 in this Court with more or less identical prayers but essentially aggrieved by the communications from Respondents Nos. 3 and 4. They threatened to disconnect the electricity supply to the Petitioner's manufacturing unit located at village Savroli, Taluka Khalapur, District Raigad. In that Writ Petition, this Court passed an order dated 25th January 2019, a copy of which is at Exhibit "E" to this Petition, and which reads thus:

"1. This writ petition was placed before us and on account of the extreme urgency pointed out, on 10th January 2019, the following order came to be passed.

'Mentioned. Not on Board.

2. When this petition was placed before us and Mr. Godbole, learned counsel appearing for the petitioner, expressed an apprehension that the electricity supply would be disconnected on 11-1-2019 by the MSEDCL, District Raigad, we requested Mr. Godbole to serve a copy of this petition on M/s. Little & Co., particularly learned Advocate Mr. Kiran Gandhi.

2. We allowed Mr. Godbole to mention this matter after Court working hours. On being so mentioned in the presence of Mr. Gandhi and since he wanted to take detail instructions, we post this matter on 16-1-2019. It shall be listed on the supplementary board. Till 17-1-2019, the