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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Maharashtra State Electricity Distribution Company Ltd. – Appellant
Versus
Supreme Metal Industries, Mumbai – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 6 , 8 , 9 , 10) |
| 2. petitioner's arguments against respondent no. 2's claims. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 3. definition of 'consumer' under section 2(15). (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 4. interpretation of 'person aggrieved' for appeals. (Para 42 , 43 , 44 , 45 , 46) |
| 5. establishing unauthorized use under section 126. (Para 50 , 51 , 52 , 53 , 54) |
| 6. ignorance of tariff does not excuse liability. (Para 56 , 57 , 60 , 61) |
| 7. ssi registration is premises-specific. (Para 65 , 66 , 67 , 68 , 69) |
| 8. twice-rate calculation under section 126 is mandatory. (Para 71 , 72 , 73 , 74 , 75 , 76 , 77) |
| 9. court's order restoring the final assessment. (Para 78 , 79) |
| 10. conclusion and order of disposal. (Para 80 , 81) |
JUDGMENT :
AMIT BORKAR, J.
1. The facts relevant for adjudication of issues involved according to petitioner are as under
2. The Petitioner is the Maharashtra State Electricity Distribution Company Limited. It is a Government owned distribution licensee under the Electricity Act, 2003. It carries the statutory duty to distribute electricity throughou
Electricity users must meet defined criteria for consumer status under Section 2(15); unauthorized use triggers assessments under Section 126 of the Electricity Act, which cannot be modified or waive....
(1) Unauthorised use of electricity – Overdrawal may lead to a disastrous situation being prejudicial to public at large – Overdrawal of electricity in excess of sanctioned/connected load may disturb....
Unauthorized use of electricity for a purpose other than authorized and in premises other than those for which the supply was authorized constitutes a violation of Section 126 of the Electricity Act ....
Provisional assessment under Electricity Act Section 126 invalid without inspection of consumer premises or records maintained by consumer; licensee’s internal MRI/consumer records insufficient basis....
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
Unauthorized use of electricity includes misuse or malpractices while using electricity, and the assessing officer is legally bound to pass a final assessment order after considering objections.
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