Debpara Tea Company Limited v. The West Bengal State Electricity Distribution Company Limited And ORS.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 01 04.9.2023 (Supple) Ct. no. 2 Sc WPA 2119 OF 2023 --------- Debpara Tea Company Limited Vs.

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Bikramaditya Ghosh Ms. Supriya Singh.

....For the Petitioner Mr. Sudipta Kanta Bhowmik Ms. Dipti Bhowmik Mr. Anirban Banerjee.

...For the Respondents Affidavit-of-service, filed in Court today, is taken on record.

Mr. Bikramadity Ghosh, learned counsel appears for the petitioner.

Mr. Sudipta Kanta Bhowmik, learned counsel appears for the respondents.

Alleging illegalities and violation of statutory provision, the petitioner has challenged the Notice of Termination dated August 14, 2023, Annexure-P4 at page 44 to the writ petition, issued by the respondent no.3. The notice suggests that, the outstanding amount on

account of electricity consumption by the petitioner was for Rs.24,30,857/- as on August 14, 2023.

Learned counsel appearing for the respondents submits that, in addition, there has been accrual of a sum of Rs.1,13,000/- on account of a Late Payment Surcharge and a further sum of Rs.1,56,000/- on account of consumption of electricity for the month of August 2023, aggregating together it comes to Rs.27,75,000/- to be paid by the petitioner. The electricity connection has been temporarily discontinued since April 11, and the Electricity Distribution Company has been taking steps for permanent disconnection on the ground of default as submitted by the learned counsel for the respondents.

Mr. Bikramadity Ghosh, learned counsel for the petitioner, on instruction from his client, prays for an easy instalment.

Considering the statutory dues payable by the petitioner to the Electricity Distribution Company and also balancing the equity in the matter, the petitioner shall pay Rs.15,00,000/- (Rupees fifteen lakh only) on or before September

15, 2023 and the balance amount shall be paid on or before October 30, 2023.

In the event the first instalment of Rs.15,00,000/-(Rupees fifteen lakh only), as directed above, stands paid, the Electricity Distribution Company shall immediately restore the electricity supply in favour of the petitioner within 24-hours from date of receipt/encashment of the payment.

However, the Electricity Distribution Company shall go on raising its bill for the subsequent months and the petitioner shall pay the same in accordance with law.

In the event the entire amount, as directed above, is not paid latest by October 30, 2023, the Electricity Distribution Company shall be at liberty to disconnect and discontinue the electricity supply within 24-hours after the expiry of October 30, 2023.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. On the above terms, this writ petition, WPA 2119 of 2023 stands disposed of, without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Aniruddha Roy, J.)