Md. Wahid v. The C.E.S.C. Limited And ORS.

22.04.2025 Sl. No.03 Ct. No.15 Suman WPA 4540 of 2025 Md. Wahid -vsThe CESC Limited & Ors.

Mr. Dhananjay Banerjee Md. Abdur Rakib Mr. M. Mehedi ..for the petitioner Dr. Madhusudan Saha Roy Mr. Debanjan Chatterjee ..for the respondent A final assessment order has been issued against the petitioner, directing him to pay an amount of Rs. 1,42,428/- for the alleged unauthorized use of electricity.

Learned counsel for the petitioner submits that the petitioner may be permitted to pay the assessed amount in suitable instalments, citing financial hardship as the reason for his inability to make a lump sum payment.

Mr. Madhusudan Saha Roy, learned counsel appearing for CESC Limited, vehemently opposes the petitioner's prayer. He submits that there is no statutory provision permitting payment in instalments, and that restoration of the electricity connection can only be made upon full payment of the final assessment amount.

I have duly considered the submissions advanced by learned counsel on both sides.

In view of the petitioner's bona fide intention to clear the outstanding dues and considering the financial condition submitted on his behalf, I am inclined to permit payment in instalments as an equitable relief.

Accordingly, this writ petition is disposed of with the following directions:

The petitioner shall deposit a sum of Rs. 50,000/- along with the applicable reconnection charges within two weeks from the date of this order. Upon such deposit, CESC Limited shall restore the petitioner's electricity connection.

The balance amount shall be paid by the petitioner in ten equal monthly instalments. The first instalment shall be paid within the first week of June 2025, and each subsequent instalment shall be paid within the first week of the succeeding months. The petitioner shall also continue to pay all current electricity bills raised by CESC Limited. In the event of default in payment of any of the instalments, CESC Limited shall be at liberty to disconnect the petitioner's electricity supply without further reference to this Court.

Accordingly, WPA 4540 of 2025 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)