ALKA Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) The above petition takes exception to the order dated 7/3/2011 passed by the Superintending Engineer, Nagpur Region, Electrical Inspection Circle, Nagpur whereby the Appeal filed by the petitioner herein came to be rejected.

(3.) The allegation against the petitioner, who is a consumer of the respondent no.1, is about the theft of electricity between the period 22/8/2003 and 21/8/2004, on the basis of inspection made by the Flying Squad, an assessment was made in the sum of Rs.3,26,712/-. The said assessment finds place in the final assessment made under Section 126 of the Electricity Act, 2003 as contained in the order dated 28/11/2005. Aggrieved by the said order dated 28/11/2005, the petitioner filed an Appeal on 13/7/2010 on the ground that the said order dated 28/11/2005 was received on 30/6/2010. It is the case of the petitioner that she also deposited 33% of the final assessment at the time of filing the Appeal. The Appeal has been rejected on twin grounds, namely, that it is time barred as Appeal under Section 127 of the said Act is required to be filed within one month of the receipt of the order and the second ground was that the petitioner had not deposited 50% amount with the Supplier Company.