1 conpw75-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Contempt Petition No.75 of 2010 in Writ Petition No.102 of 2010 Palco Metals Ltd. & Anr. .. Petitioners v/s. Maharashtra State Electricity Distribution Company ltd. & Others ..Respondents Mr.Kunal Vajani with Mr. Pranaya Goyal i/b. M/s. Wadia Gandhy & Co. for the Petitioners Mr.K.Somasundaran i/b. DSK Legal for the Respondents CORAM : R.Y.GANOO, J. DATED : 1st February, 2011 P.C. : 1. Heard Counsels on both sides. Counsel for the petitioners state that pursuant to the order dated 2.3.2010 the petitioners have furnished Corporate Guarantee and even then the electricity connection is not given. Counsel for the respondent nos.1 and 2 tried to contend that the said guarantee is not in terms of circular No.53 of 7.5.2007. Surely this aspect cannot be decided by the court and particularly in 2 conpw75-10.sxw the contempt petition. Petitioners have not received any reply from the respondent nos.1 and 2 after furnishing the Corporate Guarantee. In my view, it would be proper to direct the respondent nos.1 and 2 to process the Corporate Guarantee furnished by the petitioners and the other papers which the petitioners have furnished, arrive at a decision whether electricity connection can be given or not and pass an appropriate order and inform their decision to the petitioners within four weeks from today. If the connection is not to be given the respondent nos.1 and 2 shall pass the speaking order. 2. In view of the above, following order is passed. ORDER i) The respondent nos.1 and 2 shall process the Corporate Guarantee submitted by the petitioners and such other papers which are submitted to get fresh connection. Respondent Nos.1 and 2 shall pass an order granting or refusing the connection. ii) If the order is to refuse connection, respondent nos.1 and 2 shall pass a reasoned order. The said order shall be communicated to 3 conpw75-10.sxw the petitioner’s advocate as well as to the petitioner No.1 on the address mentioned in the cause title of the petition within four weeks from today. Iii) The petition stands disposed of in above terms with no order as to costs. iv) Since the order is passed in the presence of Counsel for the respondent nos.1 and 2 there is no need for the advocate for the petitioner to be serve the respondent nos.1 and 2 copy of this order. v) Counsel for the respondent nos.1 and 2 undertakes to this court to communicate this order to the respondent nos.1 and 2, to take appropriate steps in the matter. [R.Y.GANOO, J.]