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Bombay High Court

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITEDversusM/S. BHAGWANDAS ISPAT PVT. LTD. AND ANR.

Decided
Disposal
Disposed Off

Holding

The petition is infructuous due to the respondent’s liquidation and is therefore disposed.

Summary

The Maharashtra State Electricity Distribution Company filed a writ petition challenging an order of the Consumer Grievance Redressal Forum, Kalyan Zone, which had directed the company to reconnect electricity supply to M/s Bhagwandas Ispat Pvt. Ltd. The forum’s order also warned that if a notice amount was not paid by 15 September 2014, the company could discontinue supply. While the petition was pending, the respondent company was liquidated by the National Company Law Tribunal on 18 July 2023, and no claim was filed against the liquidator. The court observed that the liquidation rendered the petition’s relief impossible to grant, making the challenge infructuous. Consequently, the writ petition was disposed of as infructuous and any interim relief previously granted was vacated.

Issues considered

  • Whether the liquidation of a respondent company makes a pending consumer grievance petition infructuous
  • Whether interim relief granted in a consumer grievance remains effective after the respondent’s liquidation

Subjects

  • consumer protection
  • liquidation
  • writ petition
  • electricity supply
  • infructuous

Judgment

                                                                            901-WP-8328-2014.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
           Digitally
           signed by
           HUSENBASHA
                                           WRIT PETITION NO. 8328 OF 2014
HUSENBASHA RAHAMAN
RAHAMAN    NADAF
NADAF      Date:
           2026.09.08
           20:21:48
                        Maharashtra State Electricity Distribution
           +0530
                        Company Limited                                    ...Petitioner
                              Versus
                        M/s. Bhagwandas Ispat Pvt. Ltd. And Anr.           ...Respondents

                                                        ***
                        Mr. Arnav Ashtikar i/b. DSK Legal for the Petitioner.
                        None for Respondents.
                                                        ***

                                                               CORAM : M.M. SATHAYE, J.
                                                               DATE   : 8th SEPTEMBER, 2026
                        P.C. :

                        1.       The petition is filed challenging the order dated 04.09.2014
                        passed by the Consumer Grievance Redressal Forum, Kalyan Zone in
                        Grievance No.K/DOS/031/995/2014-15. By the impugned order, the
                        grievance of the consumer was allowed and the Petitioner was
                        directed to reconnect the electricity supply. It was directed if the
                        amount stated in the notice dated 22.08.2014 is not paid by
                        Respondent No.1 till 15.09.2014 then the Petitioner-Company can
                        resort to action of discontinuation.

                        2.       During pendency of the petition, the Respondent-Company has
                        been liquidated under the order dated 18.07.2023 passed by the
                        National Company Law Tribunal, Chandigarh Bench, Chandigarh. Its
                        copy is placed on record by learned counsel for the Petitioner, which
                        is marked ‘X’ for identification. Learned counsel for the Petitioner has


                        Husen                                  1
                                                   901-WP-8328-2014.doc




fairly submitted that no claim has been filed by the Petitioner-
Company before the Liquidator.

3.      Considering that the Respondent company has now been
liquidated, challenge in the petition has become infructuous. Writ
petition is accordingly disposed of as infructuous. Interim/ad-interim
relief, if any, stands vacated.

4.      All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.

                                             (M.M. SATHAYE, J.)




Husen                                 2


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