1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION No. 624/2008 (Shri Surya Health Care Vs. The Superintending Engineer, M.S.E.D.C.L. ) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. S.P. Bhandarkar, Adv. for the petitioner. Mr. R.E. Moharir, Adv. for Respondent. CORAM :D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 14, 2008. Heard Mr. Bhandarkar for the petitioner, and Mr. Moharir for the respondent. The counsel for the petitioner has submitted that the petitioner has purchased a house property namely G-01, `Hayat Enclave' situated at plot No. 30, Congress Nagar Square, Dhantoli, Nagpur, for a total consideration of Rs. 1 crore 75 lakhs and an agreement of sale has already been entered into between the petitioner and the erstwhile owner i.e. Raunak 2 Pharma (India) Pvt. Ltd, dated 6th October, 2007. It is submitted that the petitioner thereafter, vide application dated 11/1/2008, applied for change of name in respect of Electric Meter which was in the name of the erstwhile owner Raunak Pharma (India) Pvt. Ltd. However, before deciding the application of the petitioner, the respondent- Distribution Licensee disconnected the electricity supply to the said house. It is contended that the action of the respondent is inconsistent with the provisions of Clause 10 of Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005. It is further contended that after the house in question is placed in possession of the petitioner, the petitioner has started Shri Surya Apollo Hospital and, therefore, it is submitted that by disconnection of the electricity supply, the patients in the hospital are put to lot of inconvenience. It is further contended that as per the 3 proviso to clause 10.4 of the above Regulation, if the application which is submitted for change of name is disallowed by Distribution Licensee, in such situation, it is necessary for the Distribution Licensee to grant a reasonable opportunity of being heard to such person. In the instance case, though the Distribution Licensee has not even decided the application of the petitioner, nor granted any opportunity to the petitioner of being heard, however, disconnected the electricity supply and, therefore, action is bad in law. Mr. Moharir, the learned counsel for the respondent, submitted that the erstwhile owner of the house in question, i.e. Raunak Pharma (India) Pvt. Ltd. submitted an application to the Distribution Licensee for refund of the security deposit which is of Rs. 1,70,000/-. It is further contended that the petitioner also failed to submit the documents before the respondent as per Clause 10.3 of the Regulation 2005. In such circumstances, the 4 respondent disconnected the electricity supply. We have considered the contentions and perused the relevant subclauses of Clause 10 of Regulation 2005. It is, no doubt, true that the electric meter can be transferred in the name of another person upon death of consumer, transfer of ownership or occupation of the premises, upon an application for change of name by new owner or occupier. Similarly, Clause 10.3 of Regulation 2005 contemplates that such application shall be accompanied by certain documents which are mentioned there in and proviso to Clause 10.4 further contemplates that Distribution Licensee, in case of disallowing such application, is required to give a reasonable opportunity to such consumer. In the instant case, it is not in dispute that the petitioner has applied for change of name in respect of the electric meter and same is pending. If that is so, it is really unfortunate that the respondent, 5 without deciding the application of the petitioner, disconnected the electricity supply that too without giving an opportunity of hearing to the petitioner and, therefore, we hereby direct the respondent to forthwith restore the electricity supply to the premises of the petitioner and decide the application of the petitioner on its own merits, according to law and procedure applicable in this regard at the earliest after giving an opportunity of being heard to the petitioner as well as other interested person, if any. With these observations and directions, writ petition is disposed of. Steno copy of the order be furnished to the parties to act upon. JUDGE JUDGE RMP