Calcutta High Court (Appellete Side)
Raiganj Agro Industries Pvt. Ltd. & Anr vs West Bengal State Electricity ... on 14 October, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
1
W.P. No.28654 (W) of 2014
Raiganj Agro Industries Pvt. Ltd. & Anr.
-Vs-
West Bengal State Electricity Distribution Co. Ltd. &
Ors.
14.10.14
DD
T.M.
Mr. Joy Saha
Mr. N. Dasgupta
Mr. D. N. Dey
.........for the petitioners.
Mr. Srijan Nayak
Mr. R.M. Chottopadhyay
.........for WBSEDCL
The writ petitioners complain that in spite
of applying for electricity connection, the
respondent no. 1 has not provided the writ
petitioners with electricity supply on the ground that amounts payable by a company (in liquidation) are still outstanding in respect of the same premises.
On behalf of the writ petitioners it is submitted that, writ petitioners are not successor in interest of the company (in liquidation) and as such are not liable to pay the amount outstanding on account of the company (in liquidation). The writ petitioners have also made enquiries with the official liquidator and has found that the respondent no. 1 has not lodged its claim with the official liquidator.
On behalf of the respondent no. 1 it is submitted that, the writ petitioners are guilty of suppression of material facts. The writ petitioners by a letter dated July 15, 2014 agreed to pay a sum of Rs. 23,60,794/- and other charges. That amount is also not correct and the respondent no. 1 has corrected the figure to be Rs. 26,87,858.45. It is also submitted that there is no urgency in the present writ petition to warrant any interim order during the vacation. Directions for affidavits are sought.
2I have considered the rival contentions of the parties and materials made available on record. The writ petitioners have not obtained any interim order till date. However, the writ petitioners ought to have disclosed its letter dated July 15, 2014 in the writ petition itself. By such letter the writ petitioners agreed to deposit a sum of Rs. 23,60,794/- with the respondent no. 1.
The writ petitioners are entitled to electric supply. As an interim measure, the writ petitioners will deposit a sum of Rs. 23,60,794/- along with all other necessary charges that the respondent no. 1 levies in respect of a new connection. Immediately upon payment of the said sum as also compliance of other formalities, the respondent no. 1 will effect electric supply to the writ petitioner no. 1. This interim arrangement will not create any equity in favour of any of the parties. The respondent no. 1 claims that it is entitled to amount far in excess of Rs. 23,60,794/- from the writ petitioners. Such quantum of claim is kept open.
Affidavit-in-opposition be filed by three weeks after vacation as prayed for. Reply thereto, if any, be filed one week thereafter.
WP no. 28654(W) of 2014 will appear before the appropriate court immediately thereafter.
(Debangsu Basak, J.)