2016 (12) TMI 419

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.... Modis. This company owns the property numbered as premises No. 8A, Middleton Street, Kolkata-700 071. This is a four storeyed building. A private limited company Garutman (Literary Agent) Pvt. Ltd. is a tenant in respect of the ground floor, at least a part of if not the whole and a part of the first floor of the property. According to the admission made in the affidavit of the sixth and seventh respondents at least a part of the ground floor is in possession of one Rekha Mody the widow of Padampat Mody, representing one branch of the Modi family. Gita Devi Mody is the widow of Bhagwati Prasad Mody. She has two sons Pravin Kumar Mody and Pawan Kumar Mody representing another branch of the Mody family. The mother and sons are the fifth, ....

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....permission Pravin held himself to be the owner of the premises. Although in her affidavit-in-opposition Gita Devi Mody described herself as a tenant this position was denied by the writ petitioners. However her occupation of 550 sq.ft. on the first floor was admitted by them. It is said in the said affidavit that one Rekha Mody was in occupation of the ground floor. Therefore, Pravin could not claim himself to be in occupation of that floor and apply for a meter. The first floor had sufficient lighting and there was no need for two meters or either of them, to light the servants' quarters, pump room and out house etc. Therefore, according to the petitioners neither Pawan nor Pravin is the owner of any part of the property. They or their ....

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....esentations. First of all, Pravin could not reside on the ground floor as it was let out to a company Garutman and also occupied by Rekha Mody, according to the admission of the private respondents. There was mis-representation in the wayleave permission in as much as in the wayleave Pravin described himself as the owner of the premises. Whether there was any need for additional meters to light up areas in the building had to be properly investigated before granting connection to the petitioner. Meters have been installed in May 2005. This writ was filed on 8th October, 2015, some 5 months later. There was significant delay in my opinion. CESC Limited says in their affidavit that at the time of the installation of the meters there was no....