Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2012 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (11) TMI 406 - SC - Indian LawsAuction sale from the Official Liquidator - respondent No.1 directed to pay the arrears of electricity dues outstanding against the premises in question - Held that:- Respondent No. 1 has purchased the said unit from the Official Liquidator on “as is where is” and “whatever there is” basis in pursuance of the advertisement for sale and the sale was confirmed on payment of the sale consideration and possession of the unit was handed over on 28.03.2008. After taking possession of the Unit in order to establish a paper unit in the premises, respondent No. 1 made an application on 10.12.2008 to the NESCO for availing power of 100 KW at 33 KV. Sub-clause 10(b) of Regulation 13 of the Electricity Supply Code that unless respondent No. 1 pays the arrears of electricity dues against the erstwhile company, electricity supply cannot be restored to its Unit will not apply to respondent No. 1 as he had after purchase of the said Unit in an auction sale conducted by the Official Liquidator has applied for a fresh service connection for supply of energy. Respondent No. 1 has not applied for transfer of service connection from the name of the erstwhile company to its name. Such clause applies to a request for transfer of service connection but not to a fresh connection. The interpretation of this clause by learned single Judge as well as by the Division Bench was correct being reasonable, just and fair.
|