Calcutta High Court (Appellete Side)
Distribution Company Limited & Anr vs The Appellate Authority & Anr on 2 May, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
02.05.11 In The High Court At Calcutta
ss Constitutional Writ Jurisdiction
Appellate Side
W.P. No. 6917 (W) of 2011
West Bengal State Electricity
Distribution Company Limited & Anr.
v.
The Appellate Authority & Anr.
Mr Subir Sanyal
Mr Sourav Chowdhury ...for the petitioners.
Mr S.S. Koley ...for the first respondent.
It is submitted that notice has been sent to the private respondent. However none appears for the private respondent. The petitioners are questioning an order under s.127 of the Electricity Act, 2003 (at p.25). Counsel submits that the Appellate Authority has directed refund of the whole amount without considering the facts of the case. In my opinion, it will be appropriate to admit the petition and stay the operation of the impugned order.
For these reasons, I admit the petition and stay the operation of the impugned order.
The respondents shall file opposition within five weeks; reply, if any, shall be filed by a week thereafter.
This order shall be communicated to the non-appearing respondent within a week and affidavit of service showing compliance shall be filed at the time of final hearing. Liberty to mention the matter for final hearing. Certified xerox.
(Jayanta Kumar Biswas, J.)