-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2381 OF 2008 M/s.Premier Synthetic Processors Ltd. & Anr. : Petitioners V/s. Maharashtra State Electricity Distribution Co. Ltd. & Ors. : Respondents ... Mr.Peter Lobo for the petitioners. Mr.Prashant Chavan i/b. Little & Co., for respondent no.5. Mr.A.B.Ketkar, Asstt. Govt. Pleader for respondent no.7. ... CORAM : SWATANTER KUMAR, C.J.& S.A. BOBDE, J. DATE : NOVEMBER 12, 2008. P.C. 1. The challenge in the present Writ Petition is to the order/bill raised by the authority on the ground that there was theft/tampering with the meter by fixation of magnets so as to ensure that the meter runs slow or not at all while electricity was being actually consumed by the petitioners. A bill for Rs.1,05,00,000/- and odd has been raised. As noticed in the order dated 27.8.2008, the petitioners have already deposited a sum of Rs.35 lakhs with the respondent no.1. -: 2 :- 2. After hearing the learned counsel appearing for the parties and keeping in view the provisions of section 127 of the Electricity Act, 2003, we are of the considered view that the petitioners before this Court should take recourse to the alternative remedy, which is equally efficacious and appropriate remedy, in accordance with law. Having examined the various facets of the present case, we further direct that the petitioners do pay the entire principal demand raised on account of consumption of electricity as well as pay 25% of the surcharge imposed upon such bill and furnish an undertaking in this Court with a copy to the respondents that in the event the order of the appellate authority is against the petitioners, they shall pay the balance 75% of the surcharge within four weeks from the date of the order. This direction we have passed primarily on the ground that it is undisputed before us that in nearly ten other cases, as indicated in annexure-2 at page 105 of the paper book, all others have been imposed surcharge of only 25%. This order shall neither be a precedent nor is intended to lay down the law. It is strictly on the facts of the present case. 3. The appellate authority constituted under section 127 may hear the appeal, in accordance with law, only upon deposit of the amount indicated in this order. This order is obviously without prejudice to the rights and -: 3 :- contentions of the parties. 4. Writ Petition stands disposed of. No order as to costs. CHIEF JUSTICE S.A. BOBDE, J.