- (1.) This appeal is directed against an order and/or judgment dated 6th September, 2010. The Hon ble Single Judge after hearing the parties was pleased to direct as follows:- 14. So I dispose of this writ application with the following directions: a) That the present writ petitioner is liable to pay the arrears of Rs.35,17,687/- as demanded by the respondents either in full or by instalments as may be granted by the CESC Limited within such time as will be fixed by them on prayer of the firm, if made; b) Upon payment of such dues in full the CESC Limited shall supply electricity to the writ petitioner as prayed for within one month from the date of full payment of the outstanding dues and upon compliance of all other formalities as may be required by the supplier.
(2.) Being aggrieved, this appeal has been filed by the appellant. The facts of the case briefly are as follows:- In September 2007 the appellant took tenancy of a portion of premises No. 9X, Abinash Chowdhury Lane, Kolkata-700046. Thereafter, the writ petitioner in the month of June 2008 applied for a new electric connection at the said tenanted portion. The licensing authority (CESC Ltd.) intimated the writ petitioner on 8th July, 2008 that before the supply is effected the writ petitioner has to resolve the dispute with regard to the outstanding dues in respect of the consumption of electricity at the said premises enjoyed by the previous consumer. The writ petitioner contended before the said authority that writ petitioner is not entitled to pay the third party s liability for such consumption of electricity.
(3.) However, no steps were taken by the CESC Ltd. Hence, on 20th April, 2009 the writ petitioner issued a notice demanding justice which was duly replied on 30th April, 2009 by CESC Ltd. informing the writ petitioner that unless the arrears of the previous consumer on account of consumption of electricity is paid no steps can be taken by them. In these circumstances, the writ petitioner filed the writ petition challenging such demand on behalf of the CESC Ltd. The question raised in this appeal is that: (a) whether the respondent can withhold the supply of electricity if there is any nexus between the erstwhile consumers and the present occupier/tenant? (b) whether the respondent/CESC Ltd has right to claim the defaulted amount of the erstwhile consumers from the present occupier/tenant?;