Calcutta High Court (Appellete Side)
Kc Ashim Bala @ Asim Bala vs Cesc Limited & Ors on 23 October, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
43 W.P. No. 11450(W) of 2017
23.10.2017
KC Ashim Bala @ Asim Bala
Vs.
CESC Limited & Ors.
Mr. M. P. Gupta
Mr. Ayan Mitra.
... for the petitioner.
Mr. Sourav Chaudhury.
... for the CESC.
Name not supplied by private respondents.
Learned advocate for the private respondent is granted leave to file the 'vakalatnama' within seven days from date.
The petitioner seeks electricity connection. The private respondent and the electricity company are represented.
Learned advocate for the private respondents submits that, there is a title suit pending in which there subsists an order of maintenance of status quo.
Learned advocate for the electricity company submits that, inspection has since been carried out and the electricity company is willing to supply electricity from the existing meter box.
I have considered the rival contentions of the parties and the materials made available on record.
Apparently, the suit spoken of by the private respondents is 2 one of eviction. The order of status quo does not impede the grant of electric supply to a person who is in settled possession of the property. The fact that the petitioner is in settled possession of the premises cannot be disputed.
In such circumstances, wholly without prejudice to the rights and contentions of the parties in the pending suit, the petitioner may have electric supply from the electricity company. The electricity company will provide electricity supply to the petitioner from the existing meter box. The electricity supply company is entitled to police assistance if the situation so warrants, in grant of electric supply to the petitioner. It is expected that, the electricity company restores the electric supply within seven days from date.
Since I have not invited affidavits, the allegations made in the petition are deemed to be denied by the respondents.
W.P. 11450(W) of 2017 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)