Shri Ranjan Nayek vs W.B.S.E.D.C.L. & Ors
2023 Latest Caselaw 2526 Cal

                                       1




27   13.04.2023                             MAT 504 of 2023
RP   Ct. No. 01
AN                                                With
                                           IA No. CAN 1 of 2023

                                           Shri Ranjan Nayek
                                               Vs.
                                       W.B.S.E.D.C.L. & Ors.


                  Mr. Kartik Kumar Ray
                  Mr. Subhash Banerjee
                                                ... For the Appellant
                  Mr. Srijan Nayak
                  Ms. Rituparna Maitra
                                               ... For WBSEDCL



                           1.

We have perused the affidavit filed in support

of the application for condonation of delay and we are

satisfied that sufficient causes have been shown in

preferring the instant appeal. Hence, the delay in filing the

appeal is condoned and the application for condonation of

delay, being CAN 1 of 2023, is allowed.

2. This intra-Court appeal filed by the appellant is

directed against the order dated 15th May, 2015 passed by

the learned Single Judge by which all the writ petitions

were disposed of by following the judgment passed in WP

27601 (W) of 2012.

3. It is pointed out by the learned counsel for

either side that the said order passed in the writ petition

was the subject matter of appeal in FMA 3291 of 2015 etc.

and the Hon'ble Division Bench by judgment dated 1st

February, 2016 had set aside the order and allowed the

appeal and upheld the order passed by the Ombudsman.

The said appeal was filed by the West Bengal State

Electricity Regulatory Commissioner. Therefore, the prayer

made by the appellant that this appeal should also be

disposed of in terms of the judgment of the Hon'ble Division

Bench.

3. We further note that the judgment of the

Division Bench was affirmed by the Hon'ble Supreme Court

as the Special Leave Petition filed by the West Bengal State

Electricity Distribution Company Limited in Special Leave to

Appeal (C) No. (S) 15990 of 2016 was dismissed by the

Hon'ble Supreme Court on 22.08.2016. It is further

brought to our notice that there was a second round of

litigation in which the learned Single Bench had taken a

view revisiting the conclusion arrived at by the Hon'ble

Division Bench. However, such order was set aside by the

Division Bench on 11th March, 2020 in FMA 675 of 2020.

4. In the light of the above, this appeal stands

allowed following the judgment of Division Bench passed in

FMA 3291 of 2015 decided on 1st February, 2016.

(T. S. Sivagnanam) Acting Chief Justice

(Hiranmay Bhattacharyya, J.)