LAWS(CAL)-2011-12-2

SWADESH GHOSH Vs. CESC LIMITED

Decided On December 01, 2011
SWADESH GHOSH Appellant
V/S
CESC LIMITED Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.2.2010 passed by the learned Single Judge in W.P.No.1508 of 2008 and thereby dismissing the writ petition wherein the petitioner sought for quashing of the direction of the respondents to deposit 50% of the assessed amount as precondition and for filing of fresh appeal as envisaged under Section 127 of the Electricity Act, 2003 and for other ancillary reliefs.

(2.) It is the case of the petitioner that he is engaged in the business of manufacturing rubber goods from the factory premises 9/H/1, Abinash Chowdhury Lane, Kolkata-700046, in partnership with Sri Shambu Ghosh, under the name and style of Ever Shine Rubber Industries and was supplied with electricity by the respondents as a licencee under the Indian Electricity Act, 1910 (for short the Old Act) by installing a meter bearing No.2350145K, in the factory premises, in the name of the petitioner bearing consumer No.29189041004.

(3.) Similarly, a separate supply of electricity was given to his partner namely Shambu Ghosh in the said premises under consumer No.291890440007 and meter No.2350222.