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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. KULKARNI, ADVAIT M. SETHNA
FCA India Automobiles Private Limited – Appellant
Versus
Maharashtra State Electricity Distribution Co. Ltd. – Respondent
JUDGMENT :
G.S. Kulkarni, J.
1. Rule, returnable forthwith. Respondents are served, but not represented.
2. By an order dated 17 December 2024 of the co-ordinate Bench of this Court, learned advocate for the petitioner was permitted to serve the respondents by private service. Accordingly, steps were taken by the petitioner to serve the respondents. Affidavit of service dated 28 January 2025 is placed on record. The respondents were also served by an email dated 05 February 2025, copy of which is also placed on record. Despite service, the respondents are not represented.
3. As a short issue arises for consideration, the petition is taken up for hearing.
4. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:-
“(a) That this Hon’ble Court may be pleased to issue a or Writ of Certiorari or Writ of Mandamus and/or any other Writ or Order or direction under Article 226 and 227 of the Constitution of India thereby to quash and set aside the impugned order dated22.10.2024;
(b) That this Hon’ble Court may be pleased to issue a or Writ of Certiorari or Writ of Mandamus and/or any other Writ or Order or direction under Article 226 an
The requirement for deposit of 50% of the assessed amount under the Electricity Act does not share the same limitation period as the appeal, allowing for a reasonable delay in deposit.
The court clarified that a late deposit of the assessed amount does not bar an appeal if filed within the statutory limitation period, emphasizing a purposive interpretation of the law.
The statutory deposit made under the Electricity Act does not carry an entitlement to interest when an assessment is set aside, as the Act does not provide for such a liability.
Timely deposit of 50% of the assessed amount is a mandatory requirement under the Electricity Act for maintaining the validity of an appeal. Late deposits do not cure initial procedural defects.
The appellate authority cannot entertain an appeal filed beyond the statutory time limit of 30 days as per the Electricity Act, 2003.
The availability of an alternative remedy under Section 127 of the Electricity Act, 2003 must be pursued, barring exceptional circumstances justifying writ jurisdiction.
The impact of the COVID-19 pandemic on the limitation period for filing appeals under the Electricity Act, 2003.
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The court ruled that failure to serve a provisional assessment order invalidates its enforcement, emphasizing that appeals must be decided on merits rather than procedural technicalities.
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