And Another vs The West Bengal State Electricity
2023 Latest Caselaw 2339 Cal

D/L. 21.

April 5, 2023.

MNS.

WPA No. 26091 of 2012

M/s Safcon Seals Private Limited and another Vs.

The West Bengal State Electricity Distribution Company Limited and others

Mr. Gautam Kumar Ray, Mr. Tinkari Jana, Mr. Gopal Das, Mr. Sourav Jana

...for the petitioners.

Mr. Sujit Sankar Koley, Mr. P. Das

...for the WBSEDCL.

The limited conspectus of the present writ

petition is that by virtue of a judgment dated

November 12, 2014 passed by a co-ordinate

Bench in WP No. 19610(W) of 2011, the

petitioners' challenge against a decision by the

West Bengal State Electricity Distribution

Company Limited to forfeit the EMD was allowed

and, as such, learned counsel for the petitioners

submits that the West Bengal State Electricity

Distribution Company Limited (WBSEDCL) is

liable to refund the entire earnest security deposit

made by the petitioners along with the interest

accrued on the same in the account in which it

was deposited in terms of the direction of the

Court.

Heard learned counsel for the parties.

The submissions of the petitioners are

justified in view of the order dated November 12,

2014 passed by the co-ordinate Bench.

Nothing remains in the challenge, apart

from the WBSEDCL being duty-bound to refund

the money to the petitioners.

Accordingly, WPA No. 26091 of 2012 is

disposed of by directing the WBSEDCL to refund

the entire principal amount of the earnest security

deposit made by the petitioners with the

WBSEDCL, along with interest accrued on the

same in the meantime in the account, where it

was deposited by virtue of the order of the Court

,to the petitioners as expeditiously as possible,

positively within April 27, 2023.

There will be no order as to costs.

Urgent photostat certified copies of this

order, if applied for, be made available to the

parties upon compliance with the requisite

formalities.

(Sabyasachi Bhattacharyya, J.)