Dynamic Engineering & ANR v. W.B. State Electricity Distribution Company Ltd. & ORS

07.09.2021.

Item No. 77.

Court No.13 pk W.P.A. No. 86 of 2020 (CAN 1 of 2021) (Through Video Conference) Dynamic Engineering & another

Versus

WBSEDCL & Ors.

Mr. Debasish Chattopadhyay, Mr. Chinmoyee Roy Bhattacharya ...For the petitioners.

Mr. S. S. Koley ...For the WBSEDCL.

Re: CAN 1 of 2021 Sufficient grounds are available for absence of the petitioner on 18.01.2021. Hence, the order of 18.01.2021 is recalled and the writ petition is restored to its original file and number.

The restoration application being CAN 1 of 2021 is allowed and disposed of.

Re: WPA 86 of 2020 The writ petitioners are aggrieved by the disconnection of electricity and the final order of disconnection dated 20th June, 2019. It appears from the records that an amount of Rs.1831596.81 was due and payable to the licensee as on June, 2018 excluding late payment charges.

The writ petitioners had initially challenged the action of the respondents on various grounds. Yesterday when the matter was taken up, the counsel

for the writ petitioners sought adjournment to obtain instructions from his clients as to when they would make payment of the outstanding dues.

Counsel for the petitioners today submits that his clients are ready to pay outstanding dues in instalments.

This Court therefore directs that the writ petitioners shall pay a sum of Rs.15 lakhs within a period of seven days. Upon payment of the said sum of Rs.15 lakhs together with reconnection charges, the electricity supply to the writ petitioner shall be restored. The continued supply of the electricity to the writ petitioners shall be contingent upon the writ petitioners paying the monthly consumption bills raised by them and the balance sum of Rs.331596.81 together with late payment charges in two equal monthly instalments.

The first instalment shall be due on the expiry of thirty days from the payment of the initial sum of Rs.15 lakhs. The next instalment shall be due on the expiry of further period of thirty days thereafter. It is made absolutely clear that in default of payment of either any monthly instalment or any monthly consumption bill, the supply of electricity to the writ petitioner shall be disconnected forthwith even without notice.

With the aforesaid observations, the writ petition is disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)