- (1.) The first petitioner is a private limited company of which the second petitioner is a Director. They had responded to a sale notice issued by the West Bengal Financial Corporation (hereafter the Corporation) dated 19/1/2007 in exercise of power conferred by section 29 of the State Financial Corporations Act, 1951 (hereafter the SFC Act). By the said notice, inter alia the fixed assets of M/s. Globe Paper Mills Limited (hereafter Globe) comprising land with shed and structures and machinery at Bhandartikuri, Post Office Purbasthali in the district of Burdwan (hereafter the said premises) was put up for sale. The petitioners had offered Rs. 1,33,00,000.00, which was accepted by the Corporation. It is claimed that on 29/1/2008 the fixed assets of Globe were handed over peacefully to the petitioners.
(2.) The Managing Director of the first petitioner thereafter approached the respondent distribution company (hereafter the licensee) and vide letter dated 8/12.2.2008, while informing it regarding the purchase of fixed assets of its erstwhile consumer Globe, enquired regarding necessary formalities for bulk power supply. The last two paragraphs of the said letter read as follows: "In this regard, please let us inform the dues for energy charge, if any, outstanding with your organization. As we have approached in this matter to WBIDC we came to understand that we have to bear only part of the energy charges of the erstwhile comsumption and also it is confirmed by WBIDC that the other charges like AMGR, LPSC etc., would be waived in case of units taken over from WBIDC and/or WBFC. In view of the above, we request your good self to kindly settle the issue to enable us to pay the energy charges, if any, at earliest and help us to restore power connection according to the power requirement to be applied for at the above site. We further request your good self to kindly adjust the energy Charges due with the Security Deposit, if any, held with your organisation."
(3.) Upon receipt of the aforesaid letter, the licensee by its letter dated 18/ 19/3/2008 responded to the petitioners' request and informed them that an amount of Rs.17,61,385.36p is lying outstanding in respect of bulk power supply at the said premises of the erstwhile consumer Globe. The petitioners were called upon to make payment of the aforesaid sum to enable the licensee take further necessary steps to process, the prayer for restoration of power supply at the said premises. A quotation was thereafter raised by the licensee on being approached by the petitioners for temporary connection. On payment of the claimed amount, the petitioners have been enjoying supply of electricity, albeit on temporary basis.;