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2022 Supreme(Cal) 1419

PRAKASH SHRIVASTAVA, KESANG DOMA BHUTIA
Sisir Kanti Biswas – Appellant
Versus
CESC Limited – Respondent


Advocate Appeared:
For the Appellant :Ms. Kakali Samajpaty, Ms. Sudipa samanta, Mr. Pramit Chakraborty, Advocates
For the Respondent:Mr. Om Narayan Rai, Advocate

JUDGMENT :

1. These two appeals are at the instance of Sisir Kanti Biswas, son of Khitish Chandra Biswas challenging the two orders of learned Single Judge arising out of the same cause of action.

2. In MAT 1100 of 2021 the appellant has challenged the order dated 15.02.2021 passed in WPA 10296 of 2020 whereby learned Single Judge while disposing of the writ petition at the instance of the appellant’s father Khitish Chandra Biswas has directed that subject to payment of 50 per cent of the assessed amount, the electricity supply will be restored to the said writ petitioner but the appellant has been deprived the benefit of that order.

3. Since the appellant was not a party in WPA 10296 of 2020, he has filed CAN 2 of 2021 seeking leave to appeal against the order passed in WPA 10296 of 2020. There is a delay in filing this appeal. Hence, CAN 1 of 2021 has been filed seeking condonation of delay. Having regard to the circumstance of the case, CAN 1 of 2021 and CAN 2 of 2021 are allowed, leave is granted and delay in filing the appeal is condoned.

4. In FMA 1318 of 2021 the appellant has challenged the order dated 21.04.2021 whereby WPA 9780 of 2021 has been dismissed as not maintainable i

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