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2012 Supreme(MP) 41

S.K.SETH, SHANTANU KEMKAR
Qutubuddin – Appellant
Versus
M. P. Paschim Keshetra Vidyut Vitran Co. Ltd. – Respondent


Advocates:
Amit Agrawal for appellant; Smt. Sudha Shrivastava for respondent.

ORDER

Shantanu Kemkar, J. -- 1. By filing this intra Court appeal under section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the appellant/writ petitioner has challenged the order dated 3.1.2012 passed by the learned Single Judge of this Court in Writ Petition No. 8092/2011.

2. Short facts necessary for disposal of this appeal may be stated, as under :-

On 20.6.2007, the vigilance team of the respondents carried out the inspection of the appellant’s premises. In the inspection, it was found that the appellant was indulged in unauthorized use of electricity and as such, the panchnama was prepared regarding the said unauthorized use of electricity. Thereafter, the assessing officer made a provisional assessment, as provided under section 126 (1) of the Electricity Act, 2003 (for short, the Act) vide order dated 7.8.2007, assessing a sum of Rs. 5,06,056/- to be recoverable from the appellant. The said provisional assessment order dated 7.8.2007 was served upon the appellant on 25.8.2007. The appellant submitted objections against the said provisional assessment on 31.8.2007. However, even after receipt of the objections, no final order of assessme










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