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2023 Supreme(Cal) 165

SABYASACHI BHATTACHARYYA
Suraj Moulders Private Limited – Appellant
Versus
Government of West Bengal, through the Secretary, Department of Power – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pranit Bag, Mr. Rahul Poddar, Mr. Riddhiman Mukherjee, Ms. Oindrila Ghosal, Ms. Shrayasi Dhang
For the Respondent: Mr. Ratnesh Kumar Rai, Mr. Ankan Rai, Mr. Sayantaan Das

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The petitioner Suraj Moulders Private Limited is a lessee under respondent no.5 Machino Transport Private Limited in respect of the disputed property by virtue of an agreement of lease dated February 24, 2018. In the lease deed it was, inter alia, provided that electricity up to 50 KW shall be supplied/provided from the transformer installed at the premises in the name of respondent no.6 and the lessee/petitioner shall pay all electricity charges for energy consumed by the lessee and proportionate transformer loss as payable to respondent no.6 according to the reading in an exclusive sub-meter at the disputed premises.

2. Subsequently, on September 29, 2022 a copy of a notice purportedly dated September 20, 2022 was sent on behalf of the respondent no.6 to the petitioner, addressed also to the other tenants at the property, where it was alleged that the tenants, including the petitioner, were enjoying supply of electricity from the connection of respondent no.6 and never tried to obtain separate electricity connection from CESC Limited from their respective consumptions. It was further mentioned that such supply was a good gesture of the resp

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