Krishna Kamala Kali Agro Products Private Limited And ANR v. West Bengal State Electricity Distribution Company Limited And ORS

24.06.2021.

Item no. 111.

Court No.13 ap W.P.A. No. 7181 of 2021 (Through Video Conference) Krishna Kamala Kali Agro Products Pvt. Ltd. & Anr.

Versus

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Abhirup Chakraborty.

...For the petitioners.

Mr. Sujit Sankar Koley.

...For the WBSEDCL.

Counsel for the petitioners submits that for default in payment of electricity dues, the West Bengal State Electricity Distribution Company Limited, has disconnected the petitioners' electricity supply. He further submits that after adjustment of all security deposit and other amount, a sum of Rs.2,00,117/- is due and payable. He also submits that his clients could not run their business effectively in view of the Pandemic and asks for payment of this amount in two instalments.

This Court is of the view that the matter is a commercial decision to be taken by the licensee. In those circumstances, the respondent no.5, Superintending Engineer (Commercial), West Bengal State Electricity Distribution Company Limited shall, within a period of three weeks from date, deal with the prayer for instalments to the petitioners in accordance with the Rules of the Company and commercial discretion that he may exercise.

The writ petition itself shall be treated as a representation by the Superintending Engineer (Commercial) West Bengal State Electricity Distribution Company Limited.

Let a copy of this order along with a copy of the writ petition, be furnished afresh to the respondent no.5 by the petitioners immediately.

In view of the above, the instant writ application shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)