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Judgment
The Court: Ms. Prerna Sharma, the authorized representative of the petitioner nos. 1 and 2, appears before this Court. ‘No objection’
certificate has been issued in favour of Ms. Sharma by SKB & Associates, Solicitor & Advocates 5 & 6, Pannalal Banerjee Lane, 6th Floor, Room
No.5, Kolkata â€" 700001. The ‘no objection’ certificate is kept on record.
Affidavit of service has also been filed and service to the legal department, CESC Limited has also been issued.
None appears on behalf of the licensing company and although an attempt was made to communicate with Mr. Biswanath Kar, the Law Officer of
the licensing company, he informed Mr. Sourav Saha, Court Clerk of Court No.8 that for personal reason he will not be present in Court today.
Inspite of service none appears also on behalf of the Bengal Bonded Warehouse Limited. The licensing company inspite of being served with the
writ petition has not sent any of its representative from its legal cell department. It cannot be presumed that the legal cell department is only manned
by one man.
The petitioner no.1 carries on business at the subject premises and runs a training institute on the 5th floor of 25 Netaji Subhas Road, Calcutta. At
present it has about 500 students attending the training institute per day. An electrical cable had burst on 7th February, 2018 and since then no step
has been taken either by the private respondent or the licensing company to reconnect the supply. This is the issue raised in this writ petition.
While perusing the writ petition, the letter dated 12th February, 2018 is annexed to the writ petition, and it appears that there are legal proceedings
which are pending, may be between the petitioner no. 1 and the private respondent. An order has been passed by Aniruddha Bose and Arindam
Sinha, JJ. and the Division Bench had called for a report from Jadavpur University which recommended that the building should be demolished.Â
Such report is not referred to this Court.
Accordingly, let the licensing company and in particular the respondent no.2, file a report on the next date of hearing. The licensing company is not
manned by one person alone. Service was effected on 11th April, 2018. The matter has been taken up today, 18th April, 2018. There was
sufficient time for the licensing company to depute its representative. In not doing so let notice be served on The Manager Mains (Power), Calcutta
Central District, CESC Limited, Eastern Building, 15/1, Chowringhee Square, Kolkata â€" 700069 or the head of the legal department be personally
present. Matter is adjourned to 20th April, 2018 at 11 a.m. The aforesaid persons are directed to appear on the date of hearing.
Urgent photostat certified copy of this order be given to the parties, if applied for, upon compliance of all requisite formalities.