1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1725 OF 2002 M/s Shree Bhairav Synthetics Pvt. Ltd and another. ..... Petitioners. V/s Maharashtra State Electricity Board and others. ..... Respondents. ----- Mr. M.P.S. Rao with Mr. Mihir Mody i/b K. Asher & Co. for the Petitioners. Mr. P.P. Chavan i/b Little & Co. for Respondent Nos. 1 and 2. ----- CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 29 th January, 2008. P.C.: 1. By this Petition, the Petitioners challenge the order passed by the appellate authority (i.e. Special Committee), which was communicated to the Petitioner alongwith letter dated 25/2/2002. The principal grievance of the Petitioner is that while deciding that the load factor to be taken into consideration is 0.7, the appellate authority has ignored the Circular dated 5th September, 2000 issued by the Maharashtra Electricity Board, which related to the same subject. It is also the submission that the same appellate authority has passed an order dated 27th March, 2001 accepting the load factor of 0.6 in identical case. 2 2. We have heard the learned Counsel for both sides. We find that the Circular dated 5th September, 2000 was the relevant document to be taken into consideration as to which was the appropriate load factor in relation to the Petitioners. It also appears that, in similar situation, the appellate authority has accepted 0.6 as the load factor. Taking an overall view of the matter and specially considering that the matter involves technical questions, in our opinion, it will not be appropriate for us to take any final decision at this stage. In our opinion, the appropriate order would be to remit the matter back to the authority which may be competent to hear the dispute at present after reorganization of the Maharashtra Electricity Board. 3. In the result, therefore, Petition succeeds in part and is allowed. The order impugned in the Petition is set aside. The appeal filed by the Petitioner is remitted back to the competent authority which is presently competent to hear the appeal and after hearing give a fresh decision in accordance with law. Considering that the considerable time has elapsed, the competent authority shall hear and pass the order as expeditiously as possible and, in any case, within a period of six months from today. Rule is made absolute accordingly. No order as to costs. 3 (D.K. DESHMUKH, J.) (V.M. KANADE, J.)