Swaguna Mukherjee v. Cesc Ltd And ORS

23.12.2025 Item no.DL 97 Court No. 8 Asraf, A.R.(Ct.) In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Case No.

MAT 2251 of 2025 with CAN 1 of 2025 In the matter of :

SWAGUNA MUKHERJEE .... Appellant VS.

CESC LIMITED & ORS.

....Respondents For the Appellant :

Mr. Pratip Mukherjee Mr. Rahul Agarwal Mr. Arpit Agarwal Mr. Yashashwi Sundariya Mr. Purnankar Biswas ....Advocates For the Respondent / CESC Ltd. :

Mr. Debanjan Mukherjee ....Advocate For the Respondent no.4 :

Mr. Suddhastam Banerjee Mr. Satadeep Bhattacharyya Mr. Saptarshi Datta Ms. Sriparna Mitra Ms. Srinjita Ghosh Mr. P. K. Pal Mr. Debdul Hore ....Advocates Dictated by Arijit Banerjee, J. :- 1.

Affidavit of service filed in Court today be kept with the record.

2.

Aggrieved by disconnection of electricity, the appellant had approached the learned Single Judge. The learned Judge by the impugned order recorded that the writ petitioner has suppressed

material facts. The learned Judge refused to pass any interim order but directed exchange of affidavits. The matter was directed to be listed on January 8, 2026. Aggrieved by this order, the writ petitioner has come up by way of the present appeal.

3.

Learned advocates for the CESC Ltd. and the private respondent (landlord) say that there is gross suppression of material facts by the writ petitioner. Bills are pending which have not been paid by the writ petitioner. As per the submission of the learned advocate appearing on behalf of the CESC Ltd., about Rs.20,369/- is due to the CESC Ltd.

4.

We have serious doubt about the maintainability of the present appeal. Nothing has been decided by the learned Single Judge as yet.

5.

However, without going into that question, we dispose of this appeal by observing that in the event, the appellant / writ petitioner pays off the dues of CESC Ltd. and complies with all procedural formalities, CESC Ltd. shall grant new electricity connection to the appellant / writ petitioner within 48 hours since electricity is an essential service.

6.

This order shall not create any equity in favour of the appellant / writ petitioner.

7.

We also put on record the submissions made on behalf of the private respondent that the appellant / writ petitioner has given an undertaking to vacate the concerned premises by 28th February, 2026.

8.

Since we have not called for affidavits, the allegations in the stay petition are deemed to have not been admitted.

9.

The instant appeal along with the connected applications stand disposed of.

10. Parties to act on the basis of server copy of this order duly downloaded from the official website of this Hon'ble High Court.

11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after complying with all requisite formalities.

(Apurba Sinha Ray, J.) ( Arijit Banerjee, J. )