Supreme Court of India
Dakshin Gujarat Vij Company Limited & another v. Vaibhav Metal Crusher; with Paschim Gujarat Vij Company Limited & another v. Jamanbhai Nanajibhai Bhuva
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Appeals arising out of SLP (Civil) Nos. 17868 of 2024 and 8778 of 2025
Citation: 2026 INSC 1157; reportable
Background
Background
India’s Supreme Court upheld objections and appeals against electricity-theft assessments for reconnection, while preserving the Special Court’s final civil-liability powers.
Legal questions
Legal questions
Which assessment, hearing and appeal procedure governs payment for restoring electricity disconnected over alleged theft, and what remains for the Special Court?
Court holding
What the Court decided
In the absence of a specific Supply Code procedure, reconnection assessments follow section 126, including objections and hearing, with an appeal under section 127. The appellate result is final only for reconnection; the Special Court retains final civil-liability powers where a criminal complaint is filed.
Final outcome
Final outcome
Both appeals dismissed, with clarification that the assessment remains subject to section 127 appeal and the Special Court’s determination under section 154(5) where prosecution follows. The remand in the connected matter was left undisturbed.
Practical effect
What the decision means in practice
In the absence of a specific Supply Code procedure, reconnection assessments follow section 126, including objections and hearing, with an appeal under section 127. The appellate result is final only for reconnection; the Special Court retains final civil-liability powers where a criminal complaint is filed.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- Without a specific Supply Code procedure, reconnection assessments use section 126 and section 127 safeguards.
- An appellate decision on restoration does not bind the Special Court’s final civil-liability determination.
- Interim reconnection on a partial deposit requires a justified order; 50% is not an automatic entitlement.
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Related article
Related article
India’s Supreme Court upheld objections and appeals against electricity-theft assessments for reconnection, while preserving the Special Court’s final civil-liability powers.
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