wp3304-3305-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3304 OF 2011 Maharashtra State Electricity Distribution Company Ltd ..Petitioner versus Spicer Memorial & Anr ..Respondents ALONGWITH WRIT PETITION NO.3305 OF 2011 Maharashtra State Electricity Distribution Company Ltd ..Petitioner versus Sasda Industrial Service & Anr ..Respondents Mr.Subir Kumar i/by M/s.DSK Legal for the petitioner. Mr.Shriram S. Kulkarni for respondent No.1. Mr.S.D.Rayrikar, A.G.P for respondent No.2. CORAM : S.C.DHARMADHIKARI, J. 12th July 2011. P.C.: . Heard both sides. In paras 19 and 20 of these petitions, which challenge the order passed by the Appellate Authority in Appeal No.169 of 2008 dated 17th March 2010, it is stated that the wp3304-3305-11.doc 2 Appellate Authority was one Mr.V.D.Shintre when the appeal was filed and it was heard on 26th February 2009. However, no order and judgment was passed by the Appellate Authority for over a year after the final hearing was concluded. When the petitioner’s representative visited the office of the Appellate Authority on 11th February 2010, he found that no order or judgment was delivered in the appeal and that Mr.V.D.Shintre had retired in September 2009. One Mr.Walekar has been appointed as Appellate Authority in the month of October 2009. It was expected that after the retirement of Mr.Shintre and appointment of Mr.Walekar, the incumbent will fix a fresh date for hearing and hearing would go on de novo. There upon he will deliver the judgment. 2 The only submission while controverting these paragraphs is that what the Appellate Authority has done is that when Mr.Shintre was in office, he heard arguments but did not deliver the judgment. Mr.Walekar, after taking over charge from Mr.Shintre, proceeded to deliver the judgment and pronounced it accordingly. This is impermissible in law. However, nothing has been pointed out from the Electricity Act, 2003, but, recourse is wp3304-3305-11.doc 3 taken to such course permitted in the Code of Civil Procedure by Civil Court, which analogy, I am unable to accept and uphold. There is difference between the appeal before Appellate Authority and a case before Civil Court wherein the Civil Court presided over by Judges appointed and the stages at which matters are heard enable them to adopt the course suggested by Mr.Kulkarni. In cases such as these, it is not permissible to deviate and by- pass the principle that one who hears shall decide. On this short ground, the writ petition succeeds and the order passed on 17th March 2010 is set aside. The appeal shall now be re-heard by the Appellate Authority and as expeditiously as possible. It shall endeavour to dispose it off within a period of four months from today. All contentions on merits of both sides are kept open. Petition allowed accordingly, Needless to state that the Appellate Authority shall not be influenced by any of the findings and conclusions rendered earlier. (S.C.DHARMADHIKARI, J)