MEGHDOOT AUTOMOBILES Vs. AHMEDABAD ELECTRICITY CO LTD

JUDGEMENT

(1.) Rule. Learned counsel for the respondent waives service of notice of Rule.

(2.) The petitioner seeks a writ of this Court under Article 226 of the Constitution to direct the respondent to accept 20% of the amount of the provisional assessment and to allow the petitioner to go before the appellate authority, under section 127 of the Electricity Act, 2003.

(3.) The learned counsel appearing for the petitioner submits that there is already a case booked against the petitioner by the respondent company. The provisional assessment has already been carried out in pursuance of section 126(1) and (2) of The Electricity Act, 2003 (hereinafter referred to as "The Act of 2003"). It is also averred by the learned counsel for the petitioner that the petitioner has ready deposited 1/3rd of the amount assessed by the respondent and therefore, the petitioner is entitled for reconnection of electricity connection and to go before the appellate authority as per section 127 of the Act of 2003. The relevant provisions of The Act of 2003 read as under: