The Secretary, Udayan Apartment vs C.E.S.C. Ltd. & Ors.

The petitioner claims new electric supply. Learned Advocate appearing on behalf of the C.E.S.C. Authorities submits that, the promoter of the building had enjoyed the electric supply and that, a sum of Rs. 1,98,854.46 is due and payable in respect of such consumer. The petitioner has enjoyed the benefit of such electric supply.

Learned Advocate appearing on behalf of the petitioner submits that, since the petitioner is without any electricity, the petitioner has no option but to agree to pay such amount without prejudice. He seeks leave of the Court to realize the amount from the defaulter in accordance with law. Affidavit of service filed in Court be kept with the record.

The promoter is not represented although being served with a copy of the writ petition. In such circumstances, interest of justice would be subserved by permitting the petitioner to deposit a sum of Rs.1,98,854.46 with the C.E.S.C. Authorities towards the full and final payment of the dues in respect of the Consumer ID No. 63000948532.

Upon such payment being made and upon compliance of all formalities and payment of costs, charges and expenses for new connection, the C.E.S.C. Authorities will proceed to effect electric supply to the petitioner within 48 hours thereof. In the event of any obstruction from any quarter in implementing this order, it will be at liberty to approach the police authorities for police assistance. The police authorities are directed to render adequate police protection to the C.E.S.C. Authorities and the petitioner in effecting the supply to the petitioner in accordance with law. The petitioner is at liberty to realise all amounts from the defaulter, in accordance with law. W.P. 1362 (W) of 2018 is disposed of without any order as t costs.

Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.