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SCA/10394/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10394 of 2010
=========================================================
GAJENDRAKUMAR
D JAISWAL - Petitioner(s)
Versus
PASCHIM
GUJARAT VIJ CO LTD - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Petitioner(s) : 1,MRS RP LAKHANI for Petitioner(s) : 1,
None for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 09/09/2010
ORAL
ORDER
Heard
learned advocate Mr.R.H.Ruparela for learned advocate Mr.P.M.Lakhani
on behalf of petitioner.
In
respect to grievance raised in present petition by petitioner, it is
open for petitioner to approach the Special Court under Section 153
of the Electricity Act,2003 because the allegation of theft has been
made by respondent authorities against present petitioner.
A
supplementary bill has been issued to petitioner by respondent Co.
(Annexure-B, Page-13) where it has been stated that theft of
electricity has been found from the place of petitioner. Therefore,
supplementary bill has been sent to petitioner and for that, under
Section 135 of the Electricity Act,2003, criminal prosecution has
been lodged against present petitioner.
In
light of this, let petitioner may file appropriate proceedings before
the Special Court under Section 153/154 of the Electricity Act,2003.
Therefore,
since petitioner is having alternative statutory effective remedy
under the provisions of the Electricity Act,2003, present petition is
not entertained by this Court only on that ground. Accordingly,
present petition is disposed of without expressing any opinion on
merits.
(H.K.RATHOD,J.)
(vipul)
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