DHANANJAY DATTATRAY NARAVANE AND ORSversusMAHARASHTRA STATE ELECTRICITY BOARD RASTA PETH PUNE- 411030

                                                          34-SA-141-2022.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                        SECOND APPEAL NO. 141 OF 2022
Swapnil
          Dhananjay Dattatray Naravane and Ors.          …Appellants
               Vs.
          Maharashtra State Electricity
          Board Rasta Peth and Anr.                      …Respondents
                                          WITH
                       INTERIM APPLICATION NO. 968 OF 2022

          Mr. Mahendra Agvekar a/w. Ms. Shraddha Chavan for the
          appellants.
                                  CORAM : GAURI GODSE, J.

                                  DATE :        17th JUNE 2026

          ORDER :


          1.       This second appeal is preferred by the original

          plaintiffs, partially aggrieved by the concurrent judgments

          and decrees passed in their suit. The suit was filed for a

          declaration and injunction that the defendants should not

          charge more amount against the electricity consumption. The

          suit was partly allowed only to the extent of granting

          installments in making payments towards the outstanding

          bills.


          2.       Learned counsel for the appellants submits that by

          considering the provision of Section 34 of the Specific Relief

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Act, 1963, the plaintiffs’ prayer for declaration should have

been entertained by the civil court. He further submits that

the documentary evidence produced on record is not

considered as contemplated under Sections 101 to 103 of

the Indian Evidence Act, 1872. He, therefore, submits that

the second appeal raises substantial question of law on the

point that the plaintiffs were entitled to seek declaration in

respect of the exorbitant amount charged by the respondents

towards the electricity consumption.


3.    I have perused both the judgments. There is no dispute

that the plaintiffs have remedy under the Electricity Act, 2003

to seek appropriate reliefs regarding any grievance against

the charges towards the electricity consumption. Both courts

have considered the documents relied upon by the plaintiffs

and recorded the findings that no sufficient material was

produced to support the allegations made by the plaintiffs.

The   first   appellate   court     has   also   considered    the

documentary evidence produced on record and refused to

grant any declaration and injunction as prayed by the

plaintiffs. For want of any evidence, the allegation that bills

were issued without any inspection and meter reading is



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disbelieved. Considering the letters at Exhibits 67, 68 and 69

issued by the plaintiffs requesting for installments to pay

arrears, both courts have granted partial relief, by permitting

installments for payment of outstanding amounts towards

bills. Considering the findings of facts recorded by both the

courts, the impugned judgment would not warrant any

interference in this second appeal. The arguments raised by

relying upon Section 34 of the Specific Relief Act, 1963

would not be of any avail in view of the findings of fact

recorded by both the courts. Both the courts have rightly

refused to exercise the discretion as contemplated under

Section 34 of the Specific Relief Act, 1963. Despite refusing

to grant any declaration, the plaintiffs were granted partial

relief of payment of the dues by installments.


4.    The second appeal does not raise any substantial

question of law. Hence, the second appeal is dismissed.


5.    In view of dismissal of the second appeal, interim

applications, if any, are disposed of as infructuous.



                                          [GAURI GODSE, J.]




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