- (1.) The Court : In this writ petition the petitioners have prayed for a direction upon the Respondent/CESC Limited to provide supply of electricity in the name of the petitioner No. 1 at Premises No. 20, Ashutosh Mukherjee Road, Calcutta - 700 020. Pursuant to the application made by the petitioner No. 2 on behalf of the petitioner No. 1 the Respondent/CESC Limited by a letter dated 5th August, 1999 intimated to the petitioners that there are outstanding dues in respect of consumption of electricity at the above premises and consequently asked the petitioners to obtain a clearance in respect of the same. Accordingly, this writ petition has been filed for the direction as above upon contention that the petitioners are not at all liable for making payment of the said outstanding dues, if there be any, in respect of consumption of electricity in the aforesaid premises by consumers to whom such electricity was supplied.
(2.) The petitioner No. 1 is one of the Companies and/or Partnership Firms belonging to a particular group of companies headed by the petitioner No. 2 who is the Managing Director of the petitioner No. 1. The premises No. 20, Ashutosh Mukherjee Road, Calcutta - 700 020 comprised in a three stored building situated on a land measuring approximately 2 Cottahs 4 Chittaks originally belonged to one Mr. Rajesh Goel from whom the same was purchased by Marks Supermarkets (Private Limited) in the year 1993. The said property was secured for various loans taken by the said Marks Supermarkets (Pvt. Ltd.). The said Supermarkets failed to pay back the respective loans to release the said property from various charges created by way of mortgages. Accordingly, various legal proceedings were initiated by the creditors. The petitioners and its sister concerns in order to settle the claims of the creditors entered into separate agreements for purchase of the said property with the Director of the said Supermarkets (Pvt. Ltd.). The petitioners upon such agreement intervened in the various legal proceedings and settled the claims of all the creditors and the said property was freed from all encumbrances.
(3.) Thereafter by four conveyance deeds dated 27th June, 2001 the petitioners and its sister concerns purchased the aforesaid property in their respective shares and were put into possession. In the aforesaid premises electricity was being supplied through several electric meters in the name of P.S.E. Carriers (P.) Limited, Mr. Amarjyot Singh Lamba, Mrs. Chand Kaur Lamba, Mr. Subodh Kumar Ghosh and Mr. Rajesh Goel under their respective consumer members. At the time of taking possession of the said premises by the petitioners all such electric connections except in the name of Mr. Rajesh Goel under his respective consumer number stood disconnected. Upon taking possession of the said premises as above, the petitioners continued to enjoy the supply of electricity through the supply line existing in the said premises in the name of Mr. Rajesh Goel under his consumer number.;