Bombay High Court

ROYAL ENERGY LTD. AND ANRversusMAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. AND ORS

Decided: 12 February 2026
Disposal: Disposed Off
Bench: B P COLABAWALLA FIRDOSH PHIROZE POONIWALLA

Holding

The Court directed the petitioners to pay the prescribed appeal fees and ordered the identified Chief Electrical Engineer (Incharge) to decide the appeal, thereby granting the writ of mandamus.

Summary

The petitioners, Royal Energy Ltd. and another, filed a writ petition seeking a mandamus directing the Maharashtra State Electricity Distribution Co. Ltd. to accept two demand drafts/pay orders for appeal fees and to decide an appeal filed in 2014. The court clarified that the appropriate appellate authority is the Chief Electrical Engineer (Incharge) of the Industries, Power and Labour Department. It ordered the petitioners to deposit Rs. 5,28,962 under Section 127(2) of the Electricity Act, 2003, and to pay Rs. 21,158 to the identified appellate authority within two weeks of the order being uploaded. The court further directed the appellate authority to decide the pending appeal expeditiously, preferably within four months, and disposed of the writ petition without costs.

Issues considered

Whether the High Court can issue a writ of mandamus directing the respondent to accept appeal fee payments and to decide the pending appeal.
Who is the proper appellate authority for the petitioners' appeal under the Electricity Act, 2003.

Legislation cited

Electricity Act, 2003 — s. 127(2)

Subjects

Writ of Mandamus
Appeal Fees
Electricity Act 2003
Appellate Authority
High Court Procedure
Mandamus Order

Judgment

                                                                             sr.18-wp-7509-2023.doc



SMITA
RAJNIKANT
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JOSHI
Digitally signed by
SMITA
                                            CIVIL APPELLATE JURISDICTION
RAJNIKANT JOSHI
Date: 2026.02.16
10:39:57 +0530



                                            WRIT PETITION NO. 7509 OF 2023
                      Royal Energy Ltd. & Anr.                          .. Petitioners

                              Versus

                      Maharashtra State Electricity Distribution
                      Co. Ltd. & Ors.                                   .. Respondents

                           Adv. Panthi Desai i/b M/s. M. P. Vashi & Associates for the
                           Petitioners.
                           Adv. Rahul Sinha, a/w Adv. Soham Bhalerao i/b DSK Legal for
                           Respondent No.1.
                           Adv. Kavita N. Solunke, Additional Government Pleader for
                           Respondent -State Nos. 2 & 3.

                                                CORAM:      B. P. COLABAWALLA &
                                                            FIRDOSH P. POONIWALLA, JJ.
                                                DATE:      FEBRUARY 12, 2026

                      P. C.

                      1.             The above Writ Petition is filed seeking a Writ of Mandamus

                      directing Respondent No.2 to accept the two demand drafts /pay orders for

                      the amounts of Rs. 5,28,962/- and Rs. 21,158/- (appeal fees) respectively,

                      and decide the appeal filed by the Petitioners on 4 th April, 2014 against the

                      Order dated 26th April, 2013 (received on 18th March, 2014). This Writ

                      Petition has been filed because the Petitioners were not clear as to which was

                      the Appellate Authority that would hear the Appeal filed by the Petitioner.


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2.                  It now transpires that the Appellate Authority would be the Chief

Electrical Engineer (Incharge), Industries, Power and Labour Department,

Government Building 3th Floor, Ramkrishna Chemburkar Marg, Chembur,

Mumbai 400071 (Respondent No.3).



3.                  In these circumstances, we dispose of the Writ Petition by

passing the following Order :

               a)         The Petitioners shall, in compliance with Section 127(2) of

               the Electricity Act, 2003, deposit with Respondent No.1 a sum of

               Rs. 5,28,962/- within a period of two weeks from the date of

               uploading of this Order on the High Court website.


               b)         In addition, the Petitioner shall pay the amount of Rs.

               21,158/- as Appeal fees to Respondent No.3. This payment shall

               also be made within a period of two weeks from the uploading of

               this Order.


               c)         Once the aforesaid directions are adhered to by the

               Petitioners, Respondent No.3 shall proceed to decide the Appeal of

               the Petitioners in accordance with law. Considering the fact that the

               Appeal is of the year 2014, Respondent No.3 shall give necessary

               priority to the disposal of the Appeal and shall endevour to dispose

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               it of as expeditiously as possible, and preferably within a period of

               four months from the date of uploading of this Order on the High

               Court website.


               d)        The Writ Petition is disposed of in the aforesaid terms.

               However, there shall be no order as to costs.



4.                  This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by fax

or email of a digitally signed copy of this order.



[FIRDOSH P. POONIWALLA, J.]                      [B. P. COLABAWALLA, J.]




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