C E S C LTD Vs. MADHO PROSAD MAHABIR PROSAD SUPPLIES P LTD
LAWS(CAL)-2003-5-40
HIGH COURT OF CALCUTTA
Decided on May 23,2003

C.E.S.C.LTD Appellant
VERSUS
MADHO PROSAD MAHABIR PROSAD SUPPLIES (P) LTD. Respondents

JUDGEMENT

J.K. Biswas, J. - (1.) Writ Petition No. 555 of 1992 was filed in this Court by the respondents Nos. 1 and 2 herein (hereinafter referred to as the writ-petitioners ). By the judgment and order dated 31st July 1996 the learned single Judge was pleased to allow it. The appellants who were the respondents Nos. 1 to 4 in it have preferred the present appeal against the said judgment and order.
(2.) The writ petitioner No. 1 is a consumer of the appellant No. 1 (hereinafter referred to as the C.E.S.C. ). From their factory situate at 26/27, N.D. Bose Lane, Konnyagor, Hooghly, the writ petitioners carry on the business of bleaching/dyeing and processing of cloth materials. The C.E.S.C. (a licensee, licensed under Part II of the Indian Electricity Act, 1910 to supply energy) supplies electrical energy to this factory. On 20th February 1992 the C.E.S.C. cut off the supply of energy to it.
(3.) On 24th February 1992 the writ petition was moved. The sum and substance of the case made out in it was that a vigilance officer of the C.E.S.C. had cut off the supply without giving any prior noticed and disclosing any reason, though no amount on any account was due and payable, and hence it was a disconnection effected without any authority of law. The prayer was commanding the C.E.S.C. by a writ of mandamus to reconnect the supply forthwith.;


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