- (1.) The petitioners are questioning the demand made by CESC, the second respondent, by issuing bill for the month of September, 2004. By that CESC called upon the first petitioner to pay the unrealised arrears of February, March, April, May, September and October 1993. In the bill it gave notice to the first petitioner that if the demanded amount was not paid within the due date, then supply of electricity would be cut off. The first petitioner was called upon to pay the amount by November 1 st, 2004. Since inspite of objection raised by the petitioners CESC insisted on payment of the demand amount, they took out the present writ petition dated March 3rd, 2005.
(2.) Bills raised the CESC from July 8th, 1989 to January 21st, 1993 were disputed by the petitioners. Failing to get relief from CESC, they took out a writ petition before this Court. That was registered as C. O. No. 2208 (W) of 1992. By an order dated November 17th, 1992 that writ petition was disposed of referring the disputes between the parties to an arbitrator. During pendency of the proceedings before the arbitrator bills for the months mentioned in the bill for September 2004 were raised by CESC, and the petitioners paid those bills. The referred disputes were settled by the parties amicably. The arbitrator finally made his award dated December 19th, 2001.
(3.) The award is set out hereinbelow: - "All the disputes and differences between the parties with regard to billing by CESC Limited on the consumption of Electricity by the claimant, Mahesh Oil Mill, 128, Hazra Road, Kolkata-700 026 for the period July 8, 1989 to January 21, 1993 are agreed to be settled and are hereby finally settled as follows: On reassessment of consumption of electricity on terms mutual and on adjustment of Rs. 6,55,566.24 (Rupees six lacs fifty five thousand five hundred sixty six and paise twenty four only) being the amount in deposit in suspense account with CESC Limited to the credit of the claimant, Mahesh Oil Mill as also the existing security deposit of the claimant, a sum of Rs. 5,966.80 (Rupees five thousand nine hundred and sixty six and paise eighty only) is refundable by CESC Limited to the claimant, Mahesh Oil Mill and the said amount will be adjusted against subsequent bills. The Claimant, Mahesh Oil Mill will now make a fresh security deposit of Rs. 25,460.00 (Rupees twenty five thousand four hundred and sixty only) with the CESC Limited on a fresh demand being formally made by CESC Limited., in this regard. I, make and publish this award as per settlement between the parties this 19th day of December, 2001.";