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IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Shekhar B. Saraf

W. P. No. 18367 (W) of 2019

Arup Sarkar

Versus

C.E.S.C. Limited & Ors.

For the Petitioner

For the Respondent CESC Ltd.

: Mr. Subir Sanyal

Mr. Usof Ali Dewan

Mr. Soumyajit Das Mahapatra

Mr. Kaustav Bagchi

Mr. Asif Dewan

: Mr. Rajiv Lall

Heard on : 19.11.2019, 17.12.2019 & 21.01.2020

Judgment on : 11.02.2020

Shekhar B. Saraf, J.:

1. The conundrum to be resolved in the present writ petition primarily

revolves around the issue as to whether a lawyer using a domestic space as

his chambers is liable to be charged with tariff on commercial basis. In the

present factual matrix, the petitioner is a practicing lawyer enrolled in the

year 2011, having a chamber in the ground floor of the multi storied building

where he resides on the third floor. The petitioner has made an application

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for a new electric connection on the ground floor under the category domestic

(urban). However, the CESC limited has sent him a quotation for payment of

service charges and security deposit on the basis of a commercial (urban)

connection. Subsequent to receiving the said quotation the petitioner has

written to the CESC limited raising an objection to the quotation and has

sought a fresh quotation on the basis of domestic (urban) connection. This

letter of the petitioner dated September 3, 2019 has not been replied to by

the CESC limited, and therefore, aggrieved by the same the petitioner has

filed this writ petition.

2. Mr. Subir Sanyal, counsel appearing on behalf of the petitioner has

submitted that the profession of a lawyer cannot be equated as a commercial

activity. He submitted that neither the Electricity Act, 2003 nor any Rules or

Regulations framed thereunder define the term “commercial”. He, accordingly

referred to V. Sasidharan –v- M/s. Peter and Karunakar reported in AIR

1984 SC 1700 and Dipti Kumar Base & Ors. –v- Chief Inspector, Shops

and Establishment & Anr. reported in 90 CWN 353 wherein under the

Shops and Establishment Act the establishment of a legal practitioner/ firm

of lawyers was held not to be a commercial establishment.

3. Mr. Rajiv Lall, appearing on behalf of the CESC limited firstly

distinguished the two judgments cited by the petitioners on the ground that

the issue in question in this writ petition is not related to classification of the

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premises and wholly relates to the use of electricity in a premises and the

imposition of electricity tariff for the said use. To buttress his arguments, he

relied on an unreported Larger Bench judgment of the Supreme Court in

Chairman, M.P. Electricity Board and Others –v- Shiv Narayan and Anr.

(Civil Appeal No. 1065 of 2000) to indicate that the activity of a lawyer

running an office falls under the category of non-domestic use. Mr. Lall

further relied on Rajendra G. Shah –v- Maharashtra State Electricity

Distribution Company Limited reported in 2011 (5) MhLj 360, Guj. Vij,

Com. Ltd. and Ors. –v- Babulal Birabhai Renpara reported in AIR 2010

Guj 76 and Gujarat Electricity Board –v- Ashwinbhai A. Maniyar and

Ors. reported in (2010) 51 GLR 679 to advance his arguments that the

judgment in Shiv Narayan and Anr. (supra) laid down the correct law and

is being followed by different High Courts.

4. At the very outset, I would like to state that consumers as per

the tariff order of CESC limited passed by the West Bengal Electricity

Regulatory Commission dated July 4, 2018 have been bifurcated into

various categories (18 categories) and the ones relevant to the present

case are “2. Domestic (Urban)” and “3. Commercial (Urban)”. In the

event, the ‘legal profession’ falls under the category of commercial, the

matter would come to a rest; if not, the issue would remain whether in

the present case the activity being carried out by the petitioner in a

residential space would fall under the category of commercial (urban)

as per the tariff.

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5. Since the term “commercial” takes its roots from the word “commerce”.

One may examine the definition of the word “commerce” alongwith the

word “commercial” as defined in Black’s Law Dictionary, Tenth Edition

as follows:

“Commerce. (16c) The exchange of goods and services, esp. on

a large scale involving transportation between cities, states,

and countries.

Commercial, adj. 1. Of, relating to, or involving the buying

and selling of goods; mercantile <commercial advertising>. 2.

Resulting or accruing from commerce or exchange

<commercial gains>. 3. Employed in trade; engaged in

commerce <commercial travellers>. 4. Manufactured for the

markets; put up for trade <commercial products>. 5. Of,

relating to, or involving the ability of a product or business to

make a profit <commercial potential>. 6. Produced and sold in

large quantities <commercial cosmetics>. 7. Pejorative. More

concerned with money than with quality <he sold out and

became commercial>.”

6. For a better understanding one may further examine the meaning of

the term “profession” as has been defined in the Black’s Law

Dictionary, Tenth Edition as follows:

“profession. (15c) 1. A vocation requiring advanced education

and training; esp., one of the three traditional learned

professions – law, medicine, and the ministry.

“Learned professions are characterized by the need of unusual

learning, the existence of confidential relations, the adherence

to a standard of ethics higher than that of the market place,

and in a profession like that of medicine by intimate and

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