SCA/11458/2006 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11458 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================================= 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 ? ========================================================= JYOTSANBEN R THAKKAR Versus DAKSHIN GUJARAT VIJ COMPANY LTD ========================================================= Appearance : MS SUDHA R GANGWAR for the Petitioner MS MANISHA LAVKUMAR for the Respondent ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 25/08/2006 ORAL JUDGMENT 1. RULE. Learned advocate Mrs.Manisha L.Shah waives service of Rule behalf of the respondent. 2. Ms.Sudha Gangwar, learned advocate for the petitioner places on record a Xerox copy of communication SCA/11458/2006 2/3 JUDGMENT dated 15.06.2006, purporting to register protest while paying an amount of Rs.2,25,916.60. Learned advocate for the petitioner submitted that it is in view of Sub-section (3) of Section 126 of the Electricity Act, 2003 (for short, “the Act”), this final order is passed by the authority, after taking into consideration the objections lodged by the petitioner and after affording a reasonable opportunity of hearing. 3. On the other hand, Mrs.M.L.Shah, learned advocate for the respondent submitted that the order passed on 15.05.2006 was the consent order and in view of Sub- section (5) of Section 127 of the Act, if the order is a consent order, no appeal shall lie to the appellate authority 4. Order dated 15.05.2006 is in a printed form, in that, it is not specifically record that the order is a consent order. Though it is recorded that, “if the order of final assessment is made with your consent, you will not be entitled to file an appeal against that”. In absence of any material in support of the contention raised by the learned advocate for the respondent that the order is a consent order, the same cannot be treated to be a consent order and the petitioner cannot be denude of his right to file an appeal under Section 127 of the Act. SCA/11458/2006 3/3 JUDGMENT The petitioner has already paid an amount of Rs.2,25,000/- and odd to the company, hence, it is deemed fit that the respondent company be directed to hear the appeal of the petitioner on merits and in accordance with law. Order accordingly. 5. The petition is disposed of with the aforesaid directions. Rule is made absolute to the aforesaid extent with no order as to costs. (RAVI R.TRIPATHI, J.) *Shitole