2025:BHC-AS:54407

MPB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4363 OF 2010

Maharashtra State Electricity

Distribution Company Ltd. … Petitioner

V/s.

Maharashtra Academy of Engineering

and Research and Anr. … Respondents

Radha Bhandari along with Dheer Sampat i/by MV Kini

& Co. for the petitioner.

Mr. Ramchandra S. Apte along with Mr. Siddharth

Wakankar for the Respondent No.1.

Ms. Aloka A. Nadkarni, AGP for the State – Respondent

No. 2.

CORAM : AMIT BORKAR, J.

DATED : DECEMBER 11, 2025

P.C.:

1. The present writ petition challenges the order passed by the Appellate Authority under Section 127 of the Electricity Act 2003. The challenge arises from the final bill of Rs. 10,98,790 issued to

Respondent No. 1 on 4 February 2009.

2. This Court, by order dated 3 October 2019, disposed of the petition by granting relief in terms of prayer clause (a). Thereafter, upon a review application filed by Respondent No. 1, this Court by order dated 20 July 2022 recalled the earlier order. The recall was made subject to Respondent No. 1 depositing Rs. 75 lakhs. The amount stands deposited with the petitioner without prejudice to

the respondent’s rights.

3. On examining the record, it becomes clear that the dispute has its genesis in inconsistent entries concerning construction load. A letter dated 2 July 2009 records one figure, while the flying squad and the Assessing Officer have recorded different figures. This inconsistency affects the basis of the assessment. It is therefore essential that the Assessing Officer re-examine and determine the correct construction load for the relevant period, namely May 2007 to April 2008.

4. In my view, an order of remand will secure justice in the present matter. The respondent has already deposited Rs. 75 lakhs with the petitioner. The remand will allow a fair and proper determination of the actual construction load without prejudice to either side.

5. The impugned order of the Assessing Officer and the order of the Appellate Authority dated 30 September 2009 under Section

127 of the Electricity Act 2003 are quashed and set aside.

6. The proceedings are restored to the file of the Assessing Officer. The Assessing Officer shall recompute the actual construction load for the relevant period. The officer shall give due opportunity to both parties and then pass a fresh order in accordance with law.

7. The writ petition is disposed of. All contentions of both sides are kept open to be urged before the Assessing Officer.

8. If upon remand the liability determined by the Assessing Officer is less than the amount already deposited by the respondent, the petitioner shall give due credit for the excess in future bills.

(AMIT BORKAR, J.)