1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5324 OF 2009 Rajkishore Ice & Cold Storage : Petitioner versus Maharashtra State Electricity Distribution Co. Ltd. (MSEDC ) Ltd. : Respondents. Mr V M Thorat for the Petitioner Mr. A B Ketkar a/w Mr Sunil Chavan i/by M/s. M V Kini & Co. for the Respondents. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 8th September 2009 P.C. 1. For the dispute in respect of recovery of the amount from the Petitioner, a suit was filed by the Respondents. There is no dispute that the amount which was sought to be recovered was an amount in respect of theft of the energy committed by the Petitioner. It appears that the said suit being Special Civil Suit No.142 of 2004 was disposed of by the learned Civil Judge Senior Division, Sangli in view of the settlement between the parties . Not only that the parties had filed a purshis to the effect that “in view of the payment made by the defendants of the entire 2 assessed amount assessed by the Appellate Committee having their office at the Plaintiffs Head Office by their order and which is a subject matter of this suit, in view of this settlement now there are no claims between either of the parties.” On that basis the said suit has been disposed of . Therefore if the Petitioner wants to make any grievance about the amount paid to the Respondents, it would have to adopt the procedure as provided under Order 23 of the Code of Civil Procedure, if entitled. If an application is made by the Petitioner, the concerned court would deal with the same on its own merits and in accordance with law. 2. We therefore refrain from entertaining the above Petition which is accordingly dismissed. [R.M.SAVANT, J] [S.B.MHASE, J]