1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2232 of 2010 M/s. Libra (Agencies) Pvt. Ltd. ....Petitioners Vs. Maharashtra State Electricity Distribution Company Ltd. ....Respondents Mr. P.S.Dani i/b. M/s. Udwadia & Udeshi for the petitioners. Mr. A.R.S. Baxi, advocate for respondents 1 & 2. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- April 27, 2010 P.C. Heard Counsel for the parties. 2. Two fold grievance has been made in the present Petition which we have already adverted to in our order dated 5th April, 2010. If the said issues were to be considered by the Chief Engineer of the Respondent Company and appropriate decision taken in that regard, nothing would survive for consideration in this Petition. Counsel for the Respondents in all fairness submits that the Respondents are not averse to giving hearing to the Petitioner on the two issues referred to in our order dated 5th April, 2010; and after considering explanation given by the Petitioners, appropriate decision will be taken in accordance with law. 2 3. In the circumstances, we are disposing this Petition with clear understanding that the Respondent shall not give effect to any of the demands/communications which are impugned in this Petition and instead will be free to issue fresh show-cause notice to call upon the Petitioners to offer explanation in the context of the two points referred to in our order dated 5th April, 2010 or any other issue which the Respondents may think appropriate. After issuing show-cause notice, the Petitioners be provided fair opportunity of being heard and may take appropriate decision on the points under consideration on its own merits in accordance with law uninfluenced by the earlier demand notice. Counsel for the Respondents submits that this process will be completed within one month from today. That assurance is accepted. 4. In the circumstances, Petition is disposed of on the above terms. The amount of Rs. 3 lacs deposited by the Petitioners will have to be given adjustment, in the event, the Petitioners’ stand was to be rejected and in case the same was to be accepted, it can be adjusted against the future bills to be raised against the Petitioners. The amount deposited in this Court is allowed to be withdrawn by the Respondents. 5. If the decision of the Chief Engineer is adverse to the Petitioner, the same shall not be given effect to for a period of two weeks from the date of communication thereof to the Petitioner. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)