Bombay High Court

M/S. EXCEL ICE SERVICES AND ANR.versusMAHARASHTRA STATE ELECTRICITY BOARD, AND ORS.

Decided: 22 July 2026
Disposal: Dismissed
Bench: M M SATHAYE

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioners, Excel Ice Services and others, challenged an order of the Appellate Authority/Special Committee that held they had illegally abstracted electric energy and that the amount claimed had already been deposited. The petition sought relief, but no interim or ad-interim relief was granted. The petitioners failed to appear at multiple hearings, and the company was shown to be in the process of voluntary strike‑off. The court gave a final opportunity to appear on 22‑07‑2026, which was also missed. Consequently, the court dismissed the writ petition for non‑prosecution and vacated any interim relief that might have existed.

Issues considered

What is the effect of the petitioners' non‑appearance on the continuation of the writ petition?
Does the voluntary strike‑off status of the petitioner company affect the court's jurisdiction to entertain the petition?

Subjects

writ petition
non‑prosecution
electricity
illegal abstraction
strike off
dismissal

Judgment

                                                                          6-WP-1544-2005.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 1544 OF 2005

                   M/s. Excel Ice Services And Anr.                              ...Petitioners
                                   Versus
                   Maharashtra State Electricity Board, And Ors.                 ...Respondents

SNEHA                                                       ****
NITIN              None for the Petitioners.
CHAVAN
Digitally signed
                   Ms. Sharva Patel i/b Little and Co. for Respondents.
by SNEHA NITIN
CHAVAN                                               ****
Date: 2026.07.22
19:09:12 +0530

                                                 CORAM :       M.M. SATHAYE, J.
                                                   DATE :      22nd JULY, 2026

                   P.C. :


                   1.             On 15.07.2026, following order was passed.
                            “1. None for the Petitioners.
                            2. Petitioners are challenging an order passed by the Appellate
                            Authority/Special Committee in the appeal preferred by the Petitioners
                            challenging the final assessment done by the Chief Engineer (BUZ),
                            Bhandup. Under the impugned order, it is held that there was illegal
                            abstraction of electric energy by the Petitioners.
                            3. Record shows that while admitting the petition, it is already
                            recorded that the amount claimed from the Petitioners was already
                            deposited. Record further shows that interim/ad-interim relief was not
                            granted.
                            4. Nobody is appearing for the Petitioners today and even on the last
                            occasion (13.07.2026), none appeared for Petitioners.
                            5. Learned Counsel for the Respondents submits that the present
                            dispute pertains to Maharashtra State Electricity Distribution Company
                            Ltd, which is formed after trifurcation of Respondent No.1 during
                            pendency of the petition. He has placed on record an information



                   Sneha Chavan                                                                1
                                                      6-WP-1544-2005.doc



        sheet from website of Ministry of Corporate Affairs indicating the status
        of the Petitioner company as on today shown as ‘strike off’. A copy of
        the voluntary strike off application made by the Petitioner company is
        also placed on record.
        6. In the aforesaid facts and circumstances, stand over to 22.07.2026
        as a ‘final opportunity to the Petitioners’ to appear and contest. To be
        listed ‘for Dismissal’.”


6.             Today the matter is listed for dismissal, however, nobody is
appearing for the Petitioners. It appears that Petitioners are not
interested in proceeding with the matter.
7.             The petition is accordingly dismissed for non-prosecution.
Interim/ad-interim relief, if any, stands vacated.
8.             All concerned to act on duly authenticated or digitally signed
copy of this order.


                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                               2

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