1 wp-3663-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3663 of 2011 Raka Industries Through Proprietor Ajay Shantilal Raka .. Petitioners Versus Maharashtra State Electric Distribution Company .. Respondents Mrs. Aarti Bhide for the Petitioners Ms A.R.S. Baxi for Respondent No.1 CORAM : R.M.SAVANT, J. DATE : 18th NOVEMBER, 2011 P.C. : 1 The above Petition takes exception to the order dated 1-4-2011 by which, the Respondents i.e the Distribution Company has been directed to restore the supply of electricity to the Petitioners, on the Petitioners depositing an amount of Rs.1,18,500/-. The Special Civil Suit No.23 of 2005 filed by the Petitioners has been dismissed on the ground that the same is not maintainable in view of the provisions of Electricity Act, 2003. Against the said dismissal of the suit, the Petitioners have filed Regular Civil Appeal No.7 of 2011 in which an application for interim relief came to be filed. It is in the said application that the impugned Order has been passed. 2 The above Petition had come up for admission before the learned Single Judge of this Court on 5-5-2011 on which date, an ad-interim relief in terms of prayer clause (c) came to be granted on the condition that the Petitioners to deposit an amount of Rs.60,000/- with the Respondent- Distribution Company. Accordingly, the said amount has been deposited 2 wp-3663-11 and the Distribution Company has restored the electric supply. 3 Since the substantive Appeal filed by the Petitioners is pending, in my view, no useful purpose would be served by keeping the present Petition pending and hence by issuing appropriate directions as regards the balance amount as also the time frame to decide the Appeal, the above Petition can be disposed of. Hence the following Order: (i) The Petitioners to deposit the balance amount of Rs.58,500/- with the MSEB within a period of 6 weeks from date. The said deposit would be without prejudice to the rights and contentions of the Petitioners in the said Appeal. (ii) The said Regular Civil Appeal No.7 of 2011 is directed to be heard and disposed of by 28-2-2012. (iii) In the event, the Distribution Company is held not entitled to the said amount, the Distribution Company would adjust the said amount against the future bills of the Petitioners. (iv) In the event, the balance amount is not deposited by the Petitioners as directed by this Court, the Distribution Company would be entitled to proceed against the Petitioners in accordance with law including the disconnection of electric supply. With the aforesaid observations, the Writ Petition is disposed of. (R.M.SAVANT, J.)