Padma Khastgir, J. - (1.) Being aggrieved by the disconnection of electric supply to the Waldorf Restaurant by the Calcutta Electric Supply Corp. Ltd., the writ petitioner moved this application challenging such disconnection not only on the ground that the respondent authority were not entitled to disconnect the said supply but also on the ground that there had been violation of the principles of natural justice in as much as such disconnection of electric supply was not preceded with by a notice or of an opportunity of being heard before such disconnection was effected. The writ petitioner contended that to as much as there had been no default in payment of the bills for consumption of electricity submitted by the Calcutta Electric Supply Corpn Ltd, under the circumstance such act of disconnection was, according to the petitioner, arbitrary, illegal and done in a high handed manner.
(2.) Waldorf Restaurant situate at 24B, Park Street, Calcutta, is a regular consumer of electricity in respect of four meters installed at the promises. The petitioner contended that it had been paying the bills regularly without any default for the actual consumption as submitted by the Calcutta Electric Supply corpn. Ltd. Hence when on 29th of June 1964, the Calcutta Electric Supply Corpn. Ltd. through its employees disconnected the electric supply all on a sudden, when protested, the respondent Corporation demanded a sum of Rs. 22,000/- as additional charges for consumption of electricity and Rs. 6,000/- as security deposit. The petitioner contended that the Calcutta Electricity Supply Corpn. Ltd being vested with the duty of supplying electricity and being a licensee under the Indian Electricity Act, 1910 is charged with a public duty as such a statutory authority amenable to wit jurisdiction of this Court and having acted arbitrarily and mala fide by adopting an unreasonable and unfair conduct, hence it was answerable to show cause as to why such action on the part of the respondent not be set aside Mr. Justice P.C. Borooah (as he then was) on 3rd July, 1984 passed an interim order in terms of prayer (d) and directed for restoration of supply of energy.
(3.) The Calcutta Electric Supply Corpn. Ltd, the respondent no. 2 stated in its affidavit that the petitioner Waldorf Restaurant had been stealing or pilfering electricity under the circumstances the bills raised by the company did not represent the actual consumption. The actual load of the consumer in the said premises was 31.5 K.W. but under the agreement of supply the petitioner was permitted to consume only 16 K.W. On spot inspection held on 29th of June, 1984, the respondent no. 2 detected that the connected load was much in excess of the sanctioned load. The petitioner had been bypassing registration of units in the metres concerned Apart from that, the seals and other equipment connected with the metres like cut outs, terminal plate and pressure coil links were found to be tampered with at such premises. The pressure coil links were disconnected. The petitioner was informed of the same by the company's letter dated 4th July, 1984. According to the respondent no. 2 on proper calculation it transpired that the petitioner evaded payment in respect of 22.520 electrical units by bypassing such registration. As a result on the basis of such calculation a sum of Rs. 22,295/-represented not the actual consumption but the energy which had been stolen by tampering with the equipments. The terms and conditions of the agreement under which such supply was given, prohibited stealing of energy or bypassing registration of units in the metres failing which the Corporation was entitled to rescind the contract of supply altogether over and above the light of disconnecting the supply temporarily or permanently. In the event of such theft it was the case of the respondent that they were entitled to disconnect the supply even without notice, apart from proceeding with the petitioners and/or the persons responsible for such misdeeds before a Court of Criminal Jurisdiction. In fact a complaint had been lodged with the Park Street Police Station for violation of the conditions of supply. Under the circumstances there could not have been any violation of the principles of natural justice, nor the action complained of could be held to be arbitrary or mala fide. Lastly, the respondent no. 2 contended that it was not amenable to the writ jurisdiction of this court under the circumstances, the application was not maintainable and was liable be dismissed in limine. Hence in this application, two points required for determination. First of all whether an application under the writ jurisdiction of this Court is maintainable against Calcutta Electric Supply Corp. Ltd, which is a company incorporated under the Companies Act and secondly, whether such action of disconnection without any notice was permissible under the facts and circumstances of the case.;