SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(SC) 323

R.C.LAHOTI, ARUN KUMAR, BRIJESH KUMAR
Ahmedabad Electricity Co. LTD. – Appellant
Versus
Gujarat Inns. Pvt. LTD. – Respondent


ORDER

The respondents in the two appeals before us are auction purchasers of urban properties in the sales held in one case under Section 29 of the State Financial Corporation Act, 1951 and in the other case by the Official Liquidator in winding up proceedings under the Indian Companies Act, 1956. The previous owners of the properties in both the cases had run into some arrears qua the appellant in respect of power supply made to the premises which have been the subject matter of sales. It appears that the respondents sought for a fresh connections for supply of power to the respective premises. The appellant insisted on the previous arrears being cleared. It also appears that some arrears were paid by the respondents Nos. 1 and 2 in Civil Appeal No. 1691 of 1999. However, the supply of electricity has been resumed. The dispute is whether the respondents should be held liable to pay the arrears which were outstanding against the previous owners.

2. A three-Judge Bench decision of this Court in Isha Marbles Vs. Bihar State Electricity Board and Anr. (1995) 2 SCC 648 supports the respondents and has been followed by the High Court. Mr. Harish N. Salve, the learned senior counsel for th







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top