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2016 (12) TMI 419 - HC - Indian LawsGrant of electricity connection to the share holders of the company owning the property / joint owners - excess meters provided - Held that:- CESC Limited says in their affidavit that at the time of the installation of the meters there was no objection from any quarter. They have also said in paragraph 6 (a) of their affidavit that the premises is a big bungalow known as “Mody House”. The security guard and the care taker of the building told the CESC officials that the sixth and seventh respondents belonged to the Mody family. CESC also found them to reside in this house on the ground and first floors. In such a situation, I do not think that “wayleave” permission assumes any specific importance because members of the same family were found be CESC to occupy the property which seemed like a family property, and nobody came forward to object to the grant of electricity connection. In those circumstances, in my opinion, CESC Limited cannot be said to be in breach of their statutory duty. Furthermore, the first petitioner is a family company and the private respondents are members of that family. It is very usual for family companies in India to hold its assets as in a partnership business. The courts have also consistently recognised that the principles of partnership may be applied to this kind of a family corporation. Not surprisingly the private respondents have asserted that they have almost a 50% stake in the company and thus a 50% share in the property. They feel they had rightly applied for electricity connection and obtained meters to service certain parts of the joint property. In my opinion, in this kind of a situation when electricity connection has already been given the court should not interfere with it in its writ jurisdiction. It is much better if such a dispute is resolved in a civil forum like a Court, arbitration of the Company Law Board.
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