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SCA/8086/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8086 of 2010
=========================================================
GANESH
ENTERPRISE THROUGH PARTNER - Petitioner(s)
Versus
PASCHIM
GUJARAT VIJ COMPANY LTD THROUGH DEPUTY ENGINEER - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Petitioner(s) : 1,MRS RP LAKHANI for Petitioner(s) : 1,MR SANDEEP R
LIMBANI for Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/07/2010
ORAL
ORDER
Heard
learned advocate Ms. BA Joshi for learned advocate Mr. PM Lakhani on
behalf of petitioner.
In
present petition, respondent Electricity Company has taken an action
against petitioner on the basis of checking that theft of
electricity has been committed by petitioner. Therefore, FIR has
been filed at page 20, annexure C dated 29/3/2010.
Under
provision of Section, 153 of the Electricity Act, 2003, petitioner
is having alternative effective statutory remedy to challenge action
of respondent Company by filing proper application for determination
of civil liability. Therefore, only on that ground, present
petition is not entertained by this Court. Let petitioner may
approach to Special Court under section 153 of the Electricity Act,
2003.
Accordingly,
present petition is disposed of without expressing any opinion on
merits.
(H.K.RATHOD,
J)
asma
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