M/S Safcon Seals Pvt Ltd & ANR v. Wbsedc Ltd & ORS

D/L. 21.

April 5, 2023.

MNS.

WPA No. 26091 of 2012 M/s Safcon Seals Private Limited and another Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Gautam Kumar Ray, Mr. Tinkari Jana, Mr. Gopal Das, Mr. Sourav Jana ...for the petitioners.

Mr. Sujit Sankar Koley, Mr. P. Das ...for the WBSEDCL.

The limited conspectus of the present writ petition is that by virtue of a judgment dated November 12, 2014 passed by a co-ordinate Bench in WP No. 19610(W) of 2011, the petitioners' challenge against a decision by the West Bengal State Electricity Distribution Company Limited to forfeit the EMD was allowed and, as such, learned counsel for the petitioners submits that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) is liable to refund the entire earnest security deposit made by the petitioners along with the interest accrued on the same in the account in which it

was deposited in terms of the direction of the Court.

Heard learned counsel for the parties.

The submissions of the petitioners are justified in view of the order dated November 12, 2014 passed by the co-ordinate Bench.

Nothing remains in the challenge, apart from the WBSEDCL being duty-bound to refund the money to the petitioners.

Accordingly, WPA No. 26091 of 2012 is disposed of by directing the WBSEDCL to refund the entire principal amount of the earnest security deposit made by the petitioners with the WBSEDCL, along with interest accrued on the same in the meantime in the account, where it was deposited by virtue of the order of the Court ,to the petitioners as expeditiously as possible, positively within April 27, 2023.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)