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SCA/11429/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11429 of 2002
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SAGAR
LAXMI SEEDS THRO' PROPRIETOR, - Petitioner(s)
Versus
GUJARAT
URJA VIKAS NIGAM LTD., & 2 - Respondent(s)
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Appearance :
MR
GM JOSHI for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 - 2.
MS
LILU K BHAYA for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 03/02/2010
ORAL
ORDER
By
way of this petition the petitioner has prayed to quash and set
aside the impugned order passed by the appellate committee of the
respondent in case no. 5 dated 22.10.2002 and the supplementary
bill at annexure B and to stay the operation of the impugned
order dated 22.10.2002 passed by the Appellate Committee of the
Respondent in case no. 5 and further be pleased to restrain the
respondents their agents, servants or officers from disconnecting
the electricity supply to the petitioner establishment having
consumer no. 26521/000575 at Village Kanera, taluka Matar, District
Kheda.
Since
there are serious disputes regarding the facts, it will not be
appropriate for this Court to exercise its extra ordinary
jurisdiction under Article 226 of the Constitution of India. It will
be open to the petitioner to file Civil suit with respect to the
subject matter. If such a civil suit is filed within a period of 30
days from today, the period from 18-11-2002 till today will be
considered for purpose of limitation act.
With
the above observation, petition stands disposed of . Subject to the
above rule is discharged. With no order as to costs.
[K.S.Jhaveri,J.]
*Himansu
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