ZILT FORMS PVT LTD Vs. WEST BENGAL STATE ELECTRICITY BOARD
LAWS(CAL)-2004-5-34
HIGH COURT OF CALCUTTA
Decided on May 12,2004

ZILT FORMS PVT LTD Appellant
VERSUS
WEST BENGAL STATE ELECTRICITY BOARD Respondents

JUDGEMENT

Soumitra Pal, J. - (1.) The petitioner company made an application on 26.8.99 for new industrial electric connection to the West Bengal State Electricity Board (hereinafter referred to as the said Board) along with the requisite fee of Rs. 500/-. Pursuant to such application the respondent No. 2 by letter dated 20.7.2000 being Annexure P-8 to the writ petition, enquired whether the petitioner No. 2 was ready to bear the infrastructural cost as per the rules of the Board to effect the said industrial connection since the existing transformer was unable to cater to the load. Thereafter the respondent No. 2 by letter dated 21.6.2001 being Annexure P-11 to the writ application furnished a quotation for Rs. 1,05,625/- being the cost of industrial service connection charges. It was also intimated that agreement and test report were required to be executed before the commencement of supply of power. The said sum of Rs. 1,05,625/- was paid on 2.7.2001. An agreement between the petitioner No. 1 and the Board was entered into on 11.7.2001 and other formalities were complied with. As the supply of electricity was not effected, the petitioner No. 2 by letter dated 8.10.2001 in the form of reminder requested the respondent No. 2 to expedite the matter regarding supply of electricity. Thereafter, another letter dated 4.3.2000 in the form of reminder was sent to the respondent No. 2. Being unsuccessful the petitioner by letter dated 21.3.2002 demanded justice. Pursuant to such letter the respondent No. 2 by letter dated 26.4.2002, being Annexure P-16 to the writ petition intimated as follows : "Reference to your Advocate's letter dated 21.3.02 on the issue, we like to inform you that necessary steps are being taken to provide you electricity as early as possible".
(2.) However, as electricity was not provided the petitioner filed the instant writ application. The reliefs which are relevant for adjudication are as follows : "(a) A writ of and/or order in the nature of mandamus be issued commanding the respondents to grant New Industrial Electric Connection to the petitioners' factory premises within 2 weeks from the date of the order to be passed herein and to proceed in accordance with law. (b) A writ of and/or order in the nature of mandamus be issued commanding the respondents to pay interest @ 18% per annum on the deposited sum of Rs. 1,05,625/- to the petitioner company for the period from 2nd July, 2001 until grant of New Industrial Electric Connection to the petitioners' factory premises and to give credit of the said amount in the first bill to be raised by the respondents upon the petitioner company after grant of such New Electric Connection and to proceed in accordance with law".
(3.) The writ petitioner also prayed for an interim order which is set out hereunder: "Interim order directing the respondents, their servants and agents to grant New Industrial Electric Connection to the petitioners' factory premises within 2 weeks from the date of the order pending disposal of the writ petition".;


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