Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.

          Appellant Shri.Narayan Rachappa Mistri as well as his counsel Shri. P.M.Kulkarni  are absent. Adv. A.M.Gaikwad for the respondents is present. It is submitted by Adv. Gaikwad that recently the Hon’ble Appex Court in Civil Case No. 5466/2004 in “U.P.Power Corporation Ltd  & Ors – V/s- Anis Ahmad” vide its judgment dated 1^st July 2013 held that the cases under “Electricity Act about assessment U/Sec. 126 of “Electricity Act” on the ground of theft of electricity  U/Sec. 135 are not maintainable etc. He has also produced the copy of the judgment and order of Hon’ble Supreme Court. We have perused the copy of impugned judgment and order and found that on the same reasons of Consumer Forum dismissed the complaint. Thus on any count when complaint itself is also  not maintainable. The appeal stand dismissed. No order as to cost.