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H. K. SEMA, P. K. BALASUBRAMANYAN
Dakshin Haryana Bijli Vitran Nigam LTD. – Appellant
Versus
Paramount Polymers Pvt. LTD. – Respondent
J U D G M E N T
P.K. BALASUBRAMANYAN, J
1. Leave granted.
2.M/s L.L.C. Steels Pvt. Ltd. was a consumer of electricity from the appellant, a distributing company established in the place of the State Electricity Board. It allegedly fell into arrears to the tune of Rs.64,23,695/- towards consumption charges of electrical energy including interest and other incidental charges. Because of the failure to pay the consumption charges, the power to the undertaking was disconnected on 6.4.1998. M/s L.L.C. Steels Pvt. Ltd. had also borrowed amounts from the Haryana Financial Corporation and had mortgaged the undertaking to the Financial Corporation. In exercise of power under Section 29 of the State Financial Corporations Act, 1951, the undertaking was taken over by the Financial Corporation and advertised for sale. In the advertisement, the undertaking was offered for sale on "as is where is basis". The first respondent herein bid the undertaking and its bid was accepted. Possession was given by the Financial Corporation to the first respondent on 22.4.1999.
3.On 27.11.2001, the appellant- Company decided to incorporate a term in the Terms and Conditions of Supply of electrical e
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