Date   : 10.07.2013

Per Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.

1.       None for appellant is present, it counsel Shri.A.M.Gaikwad is also absent. However,  proxy Adv.Shri.V.B.Dhage appeared with authority letter of Adv.A.M.Gaikwad.  Adv.Shri.Z.Z.Husaini for respondent is present. Proxy Adv.Shri.Dhage appearing for appellant submitted purshis mentioning therein to dispose of appeal on the ground that complaint of respondent is being pertain to the theft of electricity, is not maintainable as per recent decision of Hon`ble Apex Court in case of U.P.Power Corporation -Vs- Anis Ahmed (Civil Appeal No.5466/2012 decided on 01st July 2013). 

2.       In view of the decision of Hon`ble Apex Court the appeal is allowed and impugned judgment and order is set aside.  

Pronounced and dictated

in the open court dt.10.07.2013