Pinaki Chandra Ghose, Harish Tandon, JJ. - (1.) The judgment of the Court was as follows:- This appeal is directed against an order passed by the Hon'ble First Court directing to effect supply in favour of the writ petitioner. The Licensing Authority being West Bengal State Electricity Distribution Company Ltd. (hereinafter referred to as the WBSEDCL) has filed this appeal against the said order on the ground that there are certain amounts due and payable and without making such payment supply cannot be effected.
(2.) Mr. Nayek, Learned Advocate appearing on behalf of the appellants relied on a decision of the Division Bench of this High Court in MAT 178 of 2010 in connection with CAN 1034 of 2006 where the Division Bench relying upon the decision of the "Paschimanchal Vidyut Vitaran Nigal Limited and Ors. v. DVS Steels and Alloys Private Limited" reported in 2009 (1) SCC 210 where it has been stated that the distributor can insist upon fulfillment of requirement of such rules for effecting supply of electricity and it has also been stated in the said decision that the electricity company can stipulate as one of the conditions for supply at the said premises in question that arrears due in regard to the supply of electricity made to the premises when it was in the occupation of the previous owner/occupant, should be cleared before the electricity supply is restored and a fresh connection is provided to the premises.
(3.) We have also considered the said fact and the decision. It is submitted on behalf of the respondent that the respondent/writ petitioner is agreeable to pay the amount as claimed by the appellant WBSEDCL. But only contended that three other occupiers of the said premises along with the writ petitioner also enjoyed the said electricity and he is agreeable to pay 1/4th dues of the WBSEDCL.;