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2023 Supreme(Cal) 141

SABYASACHI BHATTACHARYYA
Saibal Sen – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. Prabal Kr. Mukherjee, Ms. Shebatee Datta
For the WBSEDCL : Mr. Madhusudan Saha Ray.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The petitioners are partners of a firm which runs a business by the name of M/s. New Senco Bakery.

2. Previously, the petitioners' predecessor-in-interest, one Sri Ashim Kumar Sen, since deceased, used to run the said business. Subsequently, on his demise, the petitioners have been running the same. Sometime in February, 2020, the WBSEDCL (respondent no.1) held an inspection at the petitioners' premises and alleged that there was unauthorized use of electricity by way of extension of load to commercial premises (lodge). An assessment was made under Section 126 of the Electricity Act, 2003 (in short, “the 2003 Act”) and the electricity supply was disconnected on such allegation. A criminal proceeding was also initiated. Ultimately, the petitioners deposited the assessed amount and the criminal offences were compounded.

3. Thereafter, upon clearance of all the due payments, the petitioners sought for restoration of the electricity connection.

4. Despite such payments, the WBSEDCL subsequently refused to give such connection on a new ground that there was a further due of Rs.16,86,023.98p in respect of a different Consumer ID bearing no.941611900

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