A. Chakrabarti, J. - (1.) Facts as found in the writ petition are as follows. The petitioners are all co -owners in respect of buildings and land at premises Nos. 16A and 16B, Shakespeare Sarani, Calcutta. Mr. B.K Associates, constructed the buildings and on completion of such construction B.K. Associates sold different flats to different co -owners. The premises No. 16B, was developed by B.K. Real Estate the respondent No. 2 which owns and occupies the entire 4th and 5th floors of the building. The building at premises no. 16A, maintained by Building Maintenance Organisation and the petitioners are to bear the maintenance charges payable to the said organisation. The C.E.S.C. Ltd. the respondent No. 1 used to provide electricity to all consumers through a transformer (high tension) installed at the said premises in favour of B.K. Real Estate, the respondent no. 2 who in turn provided electricity to all co -owners and/or occupiers. The respondent No. 3 used to raise bills against the petitioners according to their respective consumption reflected in their individual sub -meters at a rate higher than the tariff stipulated by CESC Ltd. In October 1997, the respondent No. 3 stopped raising bills. Special Officers appointed by Court in a proceeding said to be initiated by reason of internal disputes among the partners of the respondent no. 2, started preparing bills. Petitioners raised objection against such bills as not commensurate to the actual electricity consumption. On a representation made by the respondent no. 3 the petitioner did not make payment of electricity bills. Electric supply was stopped in April 2000 as CESC Ltd. disconnected the supply. The petitioner ascertained that the respondent no. 3 filed two writ petitions being W.P. No. 26393(W) of 1997 and W.P. No. 14833 (W) of 1997 which were heard together and disposed of by a learned Single Judge of this Court on March 29, 2000 directing the petitioners to take immediate steps to pay the dues of the CSEC Ltd. by paying 50 per cent of the dues within two weeks and further 50 per cent without a month thereafter. CESC Ltd. was directed not to disconnect for a fortnight and upon payment of 50 per cent of the dues not to take steps for disconnection for a month thereafter. Liberty was there to effect disconnection in case of failure of the petitioners to pay the amount as directed. It was further made clear by the court that if the petitioners paid the dues of CESC Ltd. and surrendered high tension supply and if the petitioners and occupiers apply for separate meters, the CESC Ltd. to take steps in the matter on urgent basis and after completion of all formalities by the petitioners and other occupiers. CESC Ltd. was to take necessary steps in accordance with law to effect new supply to the petitioners and to the occupiers who applied for separate meters.
(2.) It has been, stated in this writ petition that there were admitted dues on account of electricity consumption and the petitioners made applications serially for allotment of separate meters which were not allowed. It has also been submitted in the writ petition that for resolving the disputes regarding the disputed claim the matter should be referred to the Chief Electrical Inspector for proper adjudication. In such facts prayer has been made for appeariate order for restoration of supply of electricity at premises Nos. 16A and 16B, Shakespeare Sarani. upon payment of undisputed electricity charges by the petitioners and to command the C.E.S.C. Ltd. to grant separate meters in favour of the petitioners and for consequential reliefs.
(3.) On the writ petition, initially interim order was granted for restoring electric connection to the petitioners on condition of payment of a sum of Rs. 60 lakhs along with necessary restoration charges to the CESC authorities and the petitioners were also to pay a sum of Rs. 4 lakhs for each completed month by 7th of every succeeding month with a default clause.;