RADIANT ROTOGRAVURE PRIVATE LTD Vs. CESC LTD

JUDGEMENT

(1.) The petitioner in this application has prayed for the following reliefs :-

(2.) The fact of the matter lies in a very narrow compass. The petitioner is the owner of a factory, and for the purpose of running the factory. It has obtained electrical connection from the respondent company. According to the petitioner, it had been paying bills regularly, despite the fact that the bills had been erratic. The petitioner in a letter 21.11.96 as contained in annexure 'D' to the writ application stated as follows :-

(3.) Mr. Sen, learned counsel appearing on behalf of the Calcutta Electric Supply Corporation Limited, however, stated on Instruction that the petitioner does not permit meter readers to enter into the meter room as a result whereof ad hoc bills are being raised. The leaned counsel also has relied upon a decision of a learned single Judge of this court in Aruna Apartment Flat Owners Association v. Calcutta Electric Supply Corporation Limited and others reported in 1996(2) CHN 184 and submitted on the basis thereof that in terms of clause 16(b) and (c) of the Model Form of Draft Conditions of supply which has been substantially reproduced in clauses 21 and 22 of the Calcutta Electric Supply Corporation, Conditions Of Supply, the petitioner should have deposited the entire amount before such a dispute Could be resolved. Clauses 21 and 22 of the said Conditions of Supply read thus :