Calcutta High Court
FMA/356/2023 of AMITAVA KUNDU CHOWDHURY Vs CESC LTD AND ORS on 8 July 2026
Court No. 12 Item No. 07 Sandip IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE F.M.A. 356 of 2023 IA No : CAN 1 of 2022 Amitava Kundu Chowdhury -Versus- CESC Limited & Ors. Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Neha Singh …..for the appellant.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
08.07.2026 Court No. 12 Item No. 07 Sandip IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE F.M.A. 356 of 2023 IA No : CAN 1 of 2022
Amitava Kundu Chowdhury
-Versus-
CESC Limited & Ors. Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Neha Singh
…..for the appellant. Mr. Debanjan Mukherjee ….for the CESC Limited.
We do not find any reason to interfere with the order impugned.
Both the fact finding authorities, namely the Grievance Redressal Officer and the Ombudsman have found that the application for a new connection in the name of the applicant would actually offend the regulations, inasmuch as, an attempt was made by the parties, i.e., the father and son to split up the load by obtaining two separate supplies. Such splitting of load is not permissible in law. However, Mr. Halder submits that the father and the son do not get along and they live in separate messes.
In our view, living in separate mess does not mean effective partition of the property.
Under such circumstances, if the parties can file a Deed of Family Settlement or a Deed of Partition before the CESC Limited, indicating that, the father and the son have separate existence in the same premises, upon partitioning the property, the CESC Limited will take steps in accordance with law.
Accordingly, the appeal and the connected application are disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Shampa Sarkar, J.) (Smita Das De, J.)