Biswanath Somadder, A.C.J. - (1.) Re: CAN 792 of 2019 Having heard the learned advocates for the parties and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown by the learned advocate for the applicant/appellant in order to explain the delay in filing of the appeal. As such, the delay is condoned. The application for condonation of delay, being CAN 792 of 2019, is accordingly allowed. Re: MAT 1549 of 2018 with CAN 791 of 2019
(2.) The appeal is treated as on day's list and taken up for consideration along with the application for stay.
(3.) The instant appeal arises out of a judgment and order dated 9th October, 2018, passed by a learned Single Judge in W. P. 17199 (W) 2018 (Samiran Kabasi vs. West Bengal State Electricity Distribution Company Limited & Ors.). By the impugned judgment and order, the writ petition was disposed of with a direction upon the writ petitioner to pay Rs. 50,000/- as restoration charges within three weeks from the date of the order. After such amount was paid, the Distribution Company was directed to restore the petitioner's industrial connection without any further delay, but positively within 48 hours. The writ petitioner was further directed to pay the balance amount in five monthly instalments. First of such instalment was directed to be paid on 19th November, 2018. Thereafter, the writ petitioner has been directed to go on paying the instalments on 19th day of each month. The learned Single Judge also put in a default clause before disposing of the writ petition. This default clause specifies that if the writ petitioner fails to make payment of any instalment, then the Distribution Company is at liberty to disconnect the writ petitioner's industrial connection without any further notice.;