IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.9 OF 2008 PETITION NO.9 OF 2008 PETITION NO.9 OF 2008 Eruotex Industries Exports Ltd. & Ors. ..Petitioners V/s. Maharashtra State Electricity Distribution Co.Ltd. & Ors. ..Respondents ....... Mr. Anil D’souza a/w Siddhesh Bhole and Suprabh Jain for the Petitioners Mr. Abihishek Khare i/by Khave Legal Chambers for Respondent No.1 Mr. D.A. Nalawade, GP for Respondent No.5 ....... CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE :10TH SEPTEMBER, 2008 :10TH SEPTEMBER, 2008 :10TH SEPTEMBER, 2008 P.C.: . The Petitioner has filed his Petition under Article 14, 19, 226 and 227 of the Constitution of India seeking quashing and setting aside the impugned order dated 4.6.2007 passed by the Electricity Ombudsman. 2. The Petitioner has a statutory remedy available under the Electricity Act, 2003 to challenge the impugned order. As per the statutory remedy, Petitioner : 2 : to approach before the Maharashtra Electricity Regulatory Commission (M.E.R.C.). 3. We, therefore, allow the Petitioner to withdraw the Petition with liberty to approach the M.E.R.C. in the matter. The learned counsel for the Petitioner states that the Petitioner would approach M.C.R.C. within a period of two weeks by filing a Petition. 4. We make it clear that on such Petition being filed before M.C.R.C. the M.C.R.C. would deal with it in accordance with law and expeditiously. The Petitioner is permitted to withdraw the Petition with aforesaid liberty. 5. The Petition is dismissed as withdrawn with liberty. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)