- (1.) This appeal is at the instance of the respondents/appellants against the judgment and order dated 28.08.2008 passed by the Hon'ble First Court in W.P.1576 (W) of 2008 by holding therein which is as follows: "The submission of Mr. Dutta that under section 43 of the new Act electricity is supplied not to a person but to a person but to the premises has also not impressed this Court. In terms thereof, supply of electricity can be effected in a premises only upon a request being made by the owner of occupier thereof who intends to receive electricity. When the statute provides that supply shall be given 'to such premises', it would mean that supply is to be given to the extent of the premises applied for by the applicant, be it the owner or the occupier. Be that as it may, this point is not relevant for the purpose of a decision on this petition".
(2.) By the said order the Court allowed the writ petition and directed the licensing company to restore the supply of electricity in favour of the writ petitioners which was disconnected on 17th January, 2008.
(3.) The appeal has been filed by the appellants, licensing company, on the grounds as has been stated before us by Mr. Panja; first there is no privity of contract between the writ petitioners and the licensing company and after the death of the consumer, the agreement between the parties lapsed and, therefore, there is no privity of contract between the petitioners and the licensing company. Therefore, it is submitted that the Hon'ble First Court did not appreciate that position.;