CESC LIMITED Vs. MD. FAISAL MAJID

JUDGEMENT

(1.) By this appeal, the Calcutta Electric Supply Corporation has challenged the order of the learned Single Judge dtd. 5/2/2021 whereby the W.P. No. 10003 of 2020 has been allowed and a direction has been issued to the appellant to raise a quotation to the respondent No. 1 (writ petitioner) and subject to the respondent No. 1 paying the cost and expenses as per the quotation and complying with the other formalities, the appellant is to grant connection to the respondent No. 1 within seven days.

(2.) Submission of learned Counsel for the appellant is that no opportunity was given to the appellant to file the affidavit-inopposition before the learned Single Judge as the writ petition was disposed of on the first day itself. He has further submitted that the respondent No. 1 is residing in the same flat in which his mother is residing and in that flat there is already a connection in the name of the mother, therefore, the second connection in the same flat will lead to splitting of load which is not permissible.

(3.) Learned Counsel for the respondent No. 1 has submitted that the respondent No. 1 is residing in a different flat on a different floor, therefore, a separate connection is required.