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2025 Supreme(Bom) 1314

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ADVAIT M.SETHNA
Aeon Creations Pvt. Ltd. – Appellant
Versus
State of Maharashtra, Industries, Energy & Labour Department, Mantralaya, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jay Sanklecha a/s. Mr. Kunal Damle
For the Respondent:Ms. Deepa Chawan, Senior Advocate a/w. Mr. Kiran Gandhi, Ms. Ruchi Patil i/b. Mr. M.M. Pabale, AGP for the State

Table of Content
1. petition challenges communication for electricity theft payment. (Para 2 , 3)
2. facts regarding past ownership and electricity connections. (Para 4 , 5 , 6)
3. arguments against imposed theft charge condition. (Para 8 , 9 , 10)
4. petitioner's compliance with amnesty scheme terms. (Para 11 , 12)
5. court’s examination of statutory obligations. (Para 18 , 19 , 20)
6. supreme court guidelines on electricity dues. (Para 30 , 31)
7. final ruling regarding the applicability of established regulations. (Para 36 , 37 , 38)

Judgment :

G.S. Kulkarni, J.

1. Rule, made returnable forthwith. Respondents waives service. By consent of the parties, heard finally.

2. This petition under Article 226 of the Constitution of India assails the communication dated 6 December, 2024 issued by respondent no. 2-Maharashtra State Electricity Distribution Co. Ltd. (for short “MSEDCL”) whereby the petitioners (for short “petitioner”) have been called upon to pay an amount of Rs.2,07,24,237/- in relation to the charges for the electricity consumed being categorized as a theft case, failing which the petitioner’s online application dated 11 October 2024 under the “Mahavitaran Abhay Yojana, 2024” (for s

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