Aakash Libra Lights LLP and Ors. Vs Cesc Limited and Ors. — Calcutta HC (2026) — LawSathi Research

Aakash Libra Lights LLP and Ors. Vs Cesc Limited and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Recording the parties' agreement, the Court directed payment of the entire claimed amount of Rs. 1,01,96,465.52/- in 100 equal monthly installments commencing 11.03.2026 (thereafter on the 1st of each month), reconnection of electricity within 24 hours of payment of the first installment, inclusion of the installment amount in regular bills from April 2026, and granted liberty to the petitioner to avail the statutory remedy before the Grievance Redressal Officer with all issues left open.

Issue for consideration

Whether the demand of Rs. 1,01,96,465.52/- raised by CESC Ltd. towards purported additional security electricity charges (17.02.2010 to 13.11.2024) was arbitrarily and unlawfully raised against the petitioner. +1 more

Court's answer

By agreement between the parties recorded during submissions, the entire amount of Rs. 1,01,96,465.52/- shall be paid in 100 equal monthly installments commencing from 11th March, 2026 and continuing on the 1st of every month.

Ratio / Principle

Upon payment of the first installment, CESC Ltd. shall reconnect the petitioner's electricity connection, positively within 24 hours after payment of the first installment.

Key takeaways

The order is without prejudice to the petitioner's right to avail the statutory remedy and agitate its grievance before the Grievance Redressal Officer, and all issues are left open to be decided by the GRO.ratio¶¶17
The installment arrangement is one pending final adjudication by the Grievance Redressal Officer and has nothing to do with the payment of the regular bills, which remain duly payable by the petitioner.ratio¶¶18
The regular bills commencing from the month of April, 2026 shall include the above monthly installment amount.ratio

Detailed headnote1 paragraphs

Writ petition (WPA No. 5345 of 2026) by Aakash Libra Lights LLP & Ors. challenging a demand of Rs. 1,01,96,465.52/- raised by CESC Ltd. towards purported additional security electricity charges for 17.02.2010 to 13.11.2024, premised on an allegedly incorrect multiplying factor first flagged by communication dated 06.12.2024, read with a threatened disconnection under Section 56(2) of the Electricity Act, 2003. The Court did not adjudicate the merits: recording agreement between the parties, it directed payment of the entire amount in 100 equal monthly installments commencing 11.03.2026 (thereafter on the 1st of each month), reconnection within 24 hours of the first installment, and inclusion of the installment in regular bills from April 2026; the order was made without prejudice to the petitioner's statutory remedy, with all issues left open to the Grievance Redressal Officer. Petition disposed of. (Ravi Krishan Kapur, J., 10.03.2026)

D/L.06. March 10, 2026. KAUSHIK

WPA No. 5345 of 2026

Aakash Libra Lights LLP & Ors. Vs. CESC Ltd. & Ors.

Mr. Tanoy Chakraborty Mr. Shounak Mukhopadhyay Mr. Soumyadeb Sinha Ms. Abhismita Goswami … for the petitioner

Mr. Subir Sanyal Mr. Debanjan Mukherjee … for the CESC

Mr. Chayan Gupta Mr. H. Gangopadhyay … for the respondent no. 3

Mr. Suddhasatwa Banerjee Mr. S. M. Arefin … for the respondent no. 5

This writ petition has been filed challenging

a claim raised by the CESC Ltd. for a sum of Rs.1,01,96,465.52/- on account of purported additional security electricity charges for the period 17^th February, 2010 till 13^th November, 2024.

Briefly, it is alleged that the CESC Ltd. have arbitrarily and unlawfully raised the above demand against the petitioner.

By a communication dated 6^th December, 2024, the respondent authorities had for the first time alleged that an incorrect multiplying factor has been applied for calculating electricity consumption since 2010.

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On this basis, a sum in excess of Rs. 1 crore has accrued on the ground of unpaid electricity charges.

There is a serious question of disconnection of electricity under Section 56(2) of the Electricity Act, 2003, which has also been raised by the petitioner.

During the course of submissions, it is agreed by and between the parties that the entire amount of Rs. 1,01,96,465.52/- shall be paid in 100 equal monthly installments commencing from 11^th March, 2026 and would continue to be paid on the 1^st of every month.

Upon payment of the first installment, the CESC Ltd. shall reconnect the electricity connection to the petitioner.

This order is without prejudice to the rights of the petitioner to avail the statutory remedy and agitate its grievance before the Grievance Redressal Officer. The reconnection would positively be made within 24 hours after payment of the first installment. It is made clear that all issues are left open to be decided by GRO.

This is an arrangement pending any final adjudication by the Grievance Redressal Officer. It is clarified that the above arrangement has nothing to do with the payment of the regular bills,

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which are being raised and duly payable by the petitioner.

It is made clear that the regular bills commencing from the month of April, 2026 shall include the above monthly installment amount.

With the above directions, WPA 5345 of 2026 stands disposed of. Liberty is granted to the petitioner to avail of the statutory remedy in accordance with law.

(Ravi Krishan Kapur, J.)