By Binay Kumar, Advocate-on-Record, Supreme Court of India; Managing Partner, The Justice Law Partners.
Case: Dakshin Gujarat Vij Company Limited v. Vaibhav Metal Crusher
Decision: 26 October 2026
Case No.: Civil Appeal No. 13894/2026
Neutral citation: 2026 INSC 1157
Bench: Manoj Misra and K. V. Viswanathan, JJ.
Judgment authored by: Manoj Misra, J.
Reportability: Reportable
Relevant paragraphs: 31–41
The question
The Supreme Court considered the process for determining the sum payable to secure restoration of electricity after disconnection involving an allegation of theft. The relevant framework includes Sections 126, 127, 135 and 154 of the Electricity Act, 2003.
Assessment and appeal
Where the applicable Supply Code supplies no distinct procedure, the Court applied the Section 126 assessment mechanism for determining the amount relevant to restoration under Section 135(1A), with the appellate mechanism under Section 127. The statutory and regulatory setting must be examined before selecting a remedy.
Separate final liability
That provisional or restoration-related assessment does not displace the Special Court’s statutory jurisdiction to determine civil liability under Section 154(5). Consumer challenges and liability proceedings may therefore have different legal consequences.
No automatic 50% rule
The Court considered the availability of judicial intervention in an apparently arbitrary provisional assessment. An order permitting restoration on a partial deposit is fact-sensitive and must be reasoned; this decision should not be reported as giving every consumer an unconditional right to reconnection upon paying 50%.
Practice point
Before filing, identify the Supply Code, stage of assessment, appeal period, basis of disconnection and any pending theft prosecution. An ordinary billing dispute should not be conflated with an allegation of theft.
Judgment and editorial note
Supreme Court official judgment entry. This case note is an explanatory summary of the decision and is not legal advice. The operative judgment governs in the event of any discrepancy.