Entitlement to power load capacity as per lease agreements and the exercise of rights under the Electricity Act, 2003.

JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioners, being the lessees in respect of the disputed premises under the private respondent nos. 6 and 7, have filed the present writ petition on the allegation that the lessors/respondent nos. 6 and 7 are disrupting electric supply to the tenanted premises regularly. The petitioners are running a bar and restaurant as well as a club from the said premises and are, thus, suffering serious loss of business and goodwill due to such alleged disruptions.

2. It is contended by the petitioner that the petitioner entered into a lease agreement dated July 19, 2016, wherein the lease rent was fixed at Rs.16,00,000/- per month, for user of a commercial space.

3. However, due to alleged disruption of power supply by the lessors, the petitioners were constrained to apply for fresh electric connection in their own name. However, when the CESC personnel came for inspection for the purpose of giving such new connection in the name of the petitioners, they were raised by the private respondents and their men and agents, thereby preventing the CESC personnel from giving such electric connection to the petitioner and/or holding inspection in that regard.

4. Learned counsel appearing for the private respondents submits that the writ petitioners have suppressed relevant facts. as such, the writ petition ought to be dismissed since the petitioners have approached the writ court with unclean hands.

5. It is submitted that the lessors and the petitioners entered into not one but as many as three agreements, all dated July 19, 2016. as per the lease deed disclosed in the writ petition, the commercial space was to be enjoyed at a lease rent of Rs.60,000/-. It is further pointed out that the said deed entitled the petitioners to enjoy power load capacity of 2 kVa only from one electric meter.

6. The second deed entered into between the private parties on the same date as the first provided that, for scheduled maintenance, amenities, utilities and other purposes in respect of the said commercial space, the petitioners would be entitled to 60 kVa power load capacity, also to be provided by the lessors. The total rent payable as per the said agreement was Rs.1,90,000/- per month.

7. The third agreement between he lessors and the lessees provided that, for signboard display, the petitioner would pay a monthly amount of Rs.1,20,000/-.

8. Hence, it is argued by the respondent nos.6 and 7 that the entire lease agreement between the lessors and the lessees comprised of not only the agreement disclosed in the writ petition but all the three agreements, referred to above, dated July 19, 2016. Learned counsel for the private respondents places reliance on photocopies of the said documents, annexed to their pleadings by way of the application for dismissal of the writ petition as well as exception to the report filed by the CESC Limited in the present writ petition.

9. It is further argued by learned counsel for the respondent nos.6 and 7 that, in terms of the first two agreements, the petitioners are already enjoying 62 kVa power load capacity, upon payment of the composite monthly amount of Rs.2,50,000/- (60,000/-+1,90,000/-).That apart, for display of the signboard of petitioner no.1, the petitioners are to pay Rs.1,20,000/- per month.

10. Thus, it is submitted that the petitioners are already entitled to 62 kVa power load capacity as per the three subsisting agreements between the private parties, but are using a lesser load at present.

11. Moreover, it is contended that the petitioners have even applied for a power load capacity less than that actually used at present by the petitioners and much less than 62 kVa which they are entitled to use as per the first two agreements.

12. It is further submitted that the entire rent of the premises is comprised of the composite monthly amount of Rs.3,70,000/-(60,000/- + 1,90,000/- + 1,20,000/-).

13. It is argued that the lessee is seeking to modify the terms of the three agreements by