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1995 Supreme(Cal) 118

Satyabrata Sinha
Shree Balasaria Construction (P) Ltd. – Appellant
Versus
CESC Ltd. – Respondent


Advocates Appeared:
P.K. Roy, Ashoke Kumar Banerjee, Ram Anand Agarwal, Tutul Basu for the petitioner;
Maharaj Sinha, A. K. Ganguly for the CESC Limited;
Saktinath Mukherjee, L.C. Bihani, Sujata Adhikary for the respondent Nos. 7 to 11.

JUDGMENT

Satya Brata Sinha, J. : The question which arises for consideration in this application is as to whether the petitioner's electrical connection is liable to be disconnected for non-payment of dues on the part of pre-occupier of the premises. The fact of the matter lies in a short compass.

2. The petitioner no. 1 which is a company incorporated under the Indian Companies Act entered into AN agreement on 11.12.1992 with the owners of the property in question (Respondent nos. 7-11) for developing the same on certain terms and conditions. For the aforementioned purpose an application for sanction of the plan was applied for and granted by the Howrah Municipal Corporation, and pursuant thereto the construction of the building Started. An application was filed by the petitioner before the respondent-company for grant of temporary supply of electrical energy.

3. On 21.12.1993 the respondent-company 'intimated that a sum of Rs.1,50,085.95 p. is due from the erstwhile consumer. The petitioner was requested to pay the said dues failing which it was threatened that the electrical energy shall not be supplied at the said premises. However an inspection was held. The petitioner also depos


























































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