/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6342 OF 2002 M/s.Aarkay Manufacturing (Pvt.) Ltd. ...Petitioner V/s. Maharashtra State Electricity Supply Board & Ors. ..Respondents Shri.Rajesh S. Datar for Petitioner. Smt..A.R.S. Baxi for Respondent No.1 to 3. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATED : 18th FEBRUARY, 2008. P.C.:- 1. By this petition, the petitioner challenges the order passed by the Appellant Authority constituted under the regulation 31(e) of regulation framed by the Maharashtra Electricity Board. Appeal was filed by the present petitioner. The petitioner in that appeal has made grievance against the assessment of consumption of electricity by the petitioner done by the Chief Engineer. Perusal of the order of the Appellant Authority shows that the Appellant Authority by its order which is impugned in this petition has enhanced demand against the petitioner. In our opinion, on finding that the assessment done by the Chief Engineer was wrong, the Appellant Authority / 2/ could have set aside the assessment done by the Chief Engineer, but in no case, the Appellant Authority could have enhanced the demand. Grievance of the petitioner is that even assuming that the Appellant Authority has power to enhance the demand, minimum that it could have done is given show cause notice to the petitioner to show cause why demand should not be enhanced. Even that has not been done. 2. The learned counsel for the Respondents is not in a position to justify the order passed by the Appellant Authority. In our opinion, it is clear that the Appellant Authority has totally misdirected itself and has passed the order in excess of its jurisdiction. In our opinion following order would meet the ends of justice. 1. The order of the Appellant Authority is set aside. 2. Appeal of the petitioner is remanded to the Appellant Authority for hearing and decision in accordance with law. 3. Rule is made absolute accordingly. No order as to costs. ( D.K. DESHMUKH, J.) (V.M. KANADE, J.) / 3/