SAIDA COLD STORAGE PVT LTD Vs. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY
LAWS(CAL)-2011-11-111
HIGH COURT OF CALCUTTA
Decided on November 02,2011

SAIDA COLD STORAGE PVT LTD Appellant
VERSUS
WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED And ORS Respondents

JUDGEMENT

- (1.) The petitioner in this art.226 petition dated September 29, 2011 is seeking the following principal relief: "b) A writ or writs, order or orders, direction or directions in the nature of Mandamus, commanding the respondents and/or each of them to withdraw and/or rescind the notice of demand of Rs.5,38,125/- being Annexure "P-2 to this writ petition alternatively the same may be set aside and/or quashed."
(2.) By a notice dated August 26, 2011 West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, called upon the petitioner to pay Rs.5,38,125 balance deposit within a month from the date of the letter. By a letter dated September 8, 2011 the petitioner requested the licensee to permit it to pay the amount in six instalments. Alleging non-consideration of the request this petition has been brought.
(3.) Mr Ghosh appearing for the petitioner submits that there is no reason why the licensee could not favourably consider the petitioner's request to pay the balance deposit in six monthly instalments. He has said that during pendency of the petition the licensee has served a letter expressing its inability to grant instalments.;


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