Harish Tandon, J. - (1.) The writ petition is filed challenging the letter dated 30th March, 2016 and 9th February, 2017 whereby and whereunder the distribution company refused to give new bulk connection as there is an outstanding due to the tune of Rs. 49,01,110/- at the said premises of the disconnected decentralized bulk consumer i.e. M/s Ronix Polymers Pvt. Ltd.
(2.) Shorn of unnecessary details, the facts pleaded in the writ petition are that the petitioner is carrying on the business in the name and style of Alcon Food Packaging as proprietors thereof. The petitioner set up a small scale unit for manufacturing aluminium foil containers at village Bhadua, Delhi Road, Dankuni, District- Hooghly, West Bengal and registered her proprietorship concern with the competent authority. After obtaining the necessary permissions from the various authorities for establishing the factory for manufacturing foil containers an application was made before the distribution company for supply of electricity having 50 KVA load on 23rd September, 2013. The distribution company quoted the amount required to be paid on account of security deposit and the other charges and upon a payment thereof, the petitioner's factory was catered with the electric connection for a load of 46 KVA on 26th June, 2014. Since, the business flourished and he petitioner was feeling difficulty in supplying the finished products, a decision was taken to enhance the output by setting up various machines for which additional load is required. The petitioner applied for an additional load of 124 KVA on 29th May, 2015 and further deposited a sum of Rs. 2000/- required therefore. The distribution company issued a letter dated 30th March, 2016 intimating that the new bulk connection can only be given subject to the clearance of an outstanding dues of a company namely Ronix Polymers Pvt. Ltd. and unless the said amount is paid it would not be possible to give bulk connection. It is specific stand of the petitioner that she is no way connected with the Ronix Polymers Pvt. Ltd., the defaulting consumer, which has a factory adjacent to the petitioner's factory which is well separated and demarcated. However, a further letter was issued by the distribution company on 9th February, 2017 when the Distribution Company was still insisting for processing the said application that the bulk connection cannot be given unless the outstanding amount is liquidated.
(3.) The case of the distribution company is that one Ronix Polymers Pvt. Ltd. was catered with the bulk supply of power of 250 KVA at the said premises. The said company defaulted in payment of the electricity charges and various writ petitions filed in this regard are pending before this Court. The establishment of the petitioner and the said defaulting consumer are connected with each other as the petitioner is the wife of one of the directors of the defaulter company. It is further stated that both the petitioner as well as he defaulter company are operating from the same premises and in view of the Clause 3.4.2 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013 unless the outstanding dues are paid, it is not obligatory on the part of the distribution company to give a new connection thereof. It is, however, stated that another company namely Ashima Polymers Pvt. Ltd. moved a writ petition on refusal by the distribution company to effect the supply of electricity to them on the similar ground being WP 27859(W) of 2015 before this Court, which was dismissed on 3rd February, 2017. It is thus stated that the said defaulter company is an alter ego of the Ashima Polymers Pvt. Ltd. as well as the petitioner and is trying to get the electric connection in a circuitous manner keeping the outstanding intact.;