SAMARESH BANERJEA Vs. CESC LIMITED

JUDGEMENT

(1.) Common questions of law and fact being involved in all the cases, the same have been heard analogously and will be governed by the same judgment.

(2.) In each of the writ petitions being W.P. No. 13179(W) of 1998, W.P. No. 13180 (W) of 1998 and W.P. No. 13181 (W) of 1998, the writ petitioner Pankag Kumar Mukherjee a partner of three different small scale industrial unit has challenged the action of the CESC in disconnecting the power supply to each of the units of the petitioner on the alleged ground of tampering without notice and subsequent demand of the CESC for amount towards alleged unmetered consumption. In W.P. No. 13179 (W) of 1998 such disconnection had been made in respect of M/s. B.T. Industrial Company, a small scale industrial unit of which the petitioner partner having its factory and office at 6, B.T. Road, P.O. Panihati, Police Station - Khardah, Dist.-24 Parganas (N). In W.P. No. 13180 (W)/98 such disconnection had been made in respect of M/s. Sampa Manufacturing Co. another small scale industrial unit having its factory and office at the same premises of which also the same petitioner Pankaj Kr. Mukherjee is a partner and in W.P. No. 13181 (W) of 1998 such disconnection had been made in respect of M/s. Electro Gas Welding & Engineering Co., situating in the same premises, a small scale industrial unit of which the said petitioner Pankaj Kr. Mukherjee is a partner.

(3.) In case of Ramlal Agarwal v. CESC Ltd. & Ors., W.P. No. 14081 (W) of 1998 such disconnection had been made in respect of M/s. Calcutta Oil Industries, of which the writ petitioner Ramlal Agarwal is a proprietor having its office and factory at B.T. Road, Tentultala, Agarpara, Calcutta-58, within the Police Station Khardah.