LPA/4020/2006 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 40 of 2006 In SPECIAL CIVIL APPLICATION No. 3020 of 1996 With CIVIL APPLICATION No. 45 of 2006 In LETTERS PATENT APPEAL No. 40 of 2006 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE SHARAD D.DAVE ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= HIMSON TWISTING AND TEXTURISING INDUSTIRES LTD - Appellant(s) Versus EXECUTIVE ENGINEER (INDUSTRIES & 1 - Respondent(s) ========================================================= Appearance : MR NAVIN K PAHWA for Appellant(s) : 1, MR DEEPAK SINDHI for MR RC JANI Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE SHARAD D.DAVE LPA/4020/2006 2/3 JUDGMENT Date : 05/08/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This appeal was partially allowed by order dated 16th January, 2006 made by this Court (Coram : M.S.Shah and Sharad D Dave, JJ). The Court had found a prima facie case in favour of the appellant. By the aforesaid order dated 16th January, 2006, the Court confirmed the finding of power theft. However, directed the matter to be remitted to the Appellate Committee of Gujarat Electricity Board to redetermine the computation of the supplementary bill raised for the incidence of power theft in question. The said order dated 16th January, 2006 was recalled by order dated 1st March, 2006 made on Misc.Civil Application No.653 of 2006. The appeal was ordered to be restored to the file. The Court further observed that “the direction given in the said judgment for restoration of electricity connection shall continue till final disposal of the appeal in view of the fact that the appellant had already deposited 50% of the disputed supplementary bill and the Court has found a prima facie case that the contentions raised by the appellant before the Appellate Court on the question of quantification of liability were not considered by the Appellate Committee.” After arguing the matter, the learned advocate Mr.Pahwa, upon instructions received from LPA/4020/2006 3/3 JUDGMENT the appellant, states that the appellant shall avail of the alternative statutory remedy in the subject matter of this appeal. He, therefore, seeks leave to withdraw this appeal. Leave is granted. This appeal is disposed of as withdrawn. Notice is discharged. The Civil Application stands disposed of. At the request of Mr.Pahwa, the above order dated 16th January, 2006 made operative pending the appeal will continue to operate for three weeks from today. ( Ms.R.M.Doshit, J ) ( Sharad D Dave, J ) srilatha