Sanket Vyapar Private Limited v. The West Bengal State Electricity Distribution Company Limited And ORS Ele

03.10.2024 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A 1843 of 2024 Sanket Vyaper Pvt. Ltd.

-versus The West Bengal State Electricity Distribution Co. Ltd. & Ors.

Mr. Bikramaditya Ghosh, Ms. Supriya Singh, Mr. Swarup Das, Mr. Ved Rai.

...For the Petitioner.

Mr. Subir Kumar Saha, AGP, Mr. Sumit Kumar.

...For the State.

Mr. Sudipta Kanta Bhowmik, Mr. Anirban Banerjee, Ms. Dipti Bhowmik.

...For WBSEDCL.

Mr. Debasish Mukhopadhyay, Ms. Sristi Sarkar.

...For the Respondent No.4.

1.

Affidavit-of-service filed in Court today is taken on record.

2. The petitioner seeks electricity connection in its name. The subject property where the connection is to be effected is litigated.

3. An order of status quo with regard to the nature, character and possession of the suit property is reported to have been passed by the Learned Civil Court.

4. Electricity supply was disconnected on account of non-payment of dues. The petitioner is agreeable to pay off the dues.

5. Electricity is an essential commodity and, accordingly, pendency of the civil suit ought not to stand in the way of the applicant from enjoying electricity subject to payment of all necessary charges and upon compliance of statutory formalities.

6. The electricity service provider is directed to take steps in the matter in accordance with law, at the earliest but positively within a period of sixty days from the date of communication of this order.

7. It is made clear that the petitioner would be bound to comply with all statutory formalities and clear the pending dues.

8. The supply of electricity will not create any right, title, interest or equity in favour of the petitioner. The civil rights of the parties will be decided in the pending suit before the appropriate forum.

9. The writ petition stands disposed of.

10. Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of usual legal formalities.

(Amrita Sinha, J.)