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2024 Supreme(Bom) 272

JITENDRA JAIN, A. S. CHANDURKAR
City Center Mall Private Limited – Appellant
Versus
State of Maharashtra, Through the Principal Secretary – Respondent


Advocates Appeared:
For the Petitioners: Shri Sharan Jagtiani a/w Shri Sumeet Nankani a/w Shri Vishal Kanade a/w Shri Ishwar Nankani a/w Shri Huzefa Khokhawala & Shri kunal Naik i/b M/s Nankani & Associates.
For the Respondents: Shri Kiran Gandhi a/w Shri Aakash Kothari i/b Little & Co., Shri N.C. Walimbe, Addl. G.P. a/w Shri A.R. Metkari, AGP.

JUDGMENT :

(A.S. Chandurkar, J.) :

1. Rule. Rule made returnable forthwith and heard the learned Counsel for the parties.

2. The Petitioner No.1 is a Company incorporated under the Companies Act, 1956 and is operating a Shopping Complex and Mall known as “City Centre Mall”. It is the case of the Company that the Maharashtra State Electricity Distribution Company Limited (“MSEDCL”) supplies electricity to the Mall through single point at the meter that stands in the name of the Company. The Company provides electricity to various licensees of the said Mall and the said licensees pay electricity charges as per their usage. No extra charge or premium is claimed by the Company. By an order dated 24/05/2010 passed by the Maharashtra Electricity Regulatory Commission, the requirements and guidelines as regards the manner in which a Distribution Franchisee can be obtained had been laid down. Pursuant thereto, the Company made an application for Distribution Franchisee through the MOU route. On various documents being sought by MSEDCL, the Company claims to have supplied the same after which its application has been pending. On 20/07/2023, spot inspection of the Mall was undertaken by the of

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