Aloke Chakrabarti, J.: Facts as found in the writ petition are as follows.

The petitioners are all co-owners in respect of buildings and land at premises Nos. 16A and 16B, Shakespeare Sarani, Calcutta. Mr. B. K. Associates, constructed the buildings and on completion of such construction B. K. Associates sold different flats to different co-owners. The premises No. 16B, was developed by B. K. Real Estate the respondent No.2 which owns and occupies the entire 4th and 5th floors of the building. The building at premises No. 16A, maintained by Building Maintenance Organisation and the petitioners are to bear the maintenance charges payable to the said organisation. The C.E.S.C. Ltd. the respondent No.1 used to provide electricity to all consumers through a transformer (high tension) installed at the said premises in favour of B. K. Real Estate, the respondent No.2 who in turn provided electricity to all co-owners and/or occupiers. The respondent No.3 used to raise bills against the petitioners according to their respective consumption reflected in their individual sub-meters at a rate higher than the tariff stipulated by CESC Ltd.

2. In October 1997, the respondent No.3 stopped