IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 2184 OF 2005 PETITION NO. 2184 OF 2005 PETITION NO. 2184 OF 2005 Maharashtra State Electricity ... Petitioner Board V/s. Maharashtra Electricity ... Respondents Regulatory Commission & Ors. Mr. P.P. Chavan i/b. Little & Co. for petitioner. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & ANOOP ANOOP ANOOP V. MOHTA,JJ. V. MOHTA,JJ. V. MOHTA,JJ. DATED DATED DATED : 17th October, 2006 : 17th October, 2006 : 17th October, 2006 P.C. . When the petition was filed, at the relevant time, the Appellate Authority under Section 111 of the Electricity Act, 2003 has not been constituted. It has since been constituted. Considering the above, we grant leave to the petitioner to withdraw this petition and prefer appeal before the Appellate Authority. If the appeal is filed within eight weeks from today and considering that the petition was pending before this Court, the respondents will not raise plea of limitation and appeal will be heard on merits. 2. With the above observations, the petition stands disposed of. [F.I. [F.I. [F.I. REBELLO, J.] REBELLO, J.] REBELLO, J.] ( 2 ) [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]