ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. By the impugned order, the High Court of Punjab and Haryana, while issuing notice of motion in the writ petition filed by Respondent No.1 for striking down Clause 21-A of the Terms and Conditions of Supply framed under Section 49 read with Section 79-J of the Electricity (Supply) Act, 1948, unconditionally stayed the demand of the arrears of electricity dues raised by the appellant-Nigam and directed it to release electricity connection to Respondent No.1.

4. Learned counsel for the appellant relied upon the judgment of this Court in Dakshin Haryana Bijli Vitran Nigam Ltd. vs. Paramount Polymers (P) Ltd. in [2006 (13) SCC 101], and argued that the High Court was not justified in granting unconditional stay ignoring the fact that in terms of Clause 21-A of the Terms and Conditions of Supply, Respondent No.1 was required to pay the arrears of electricity dues amounting to Rupees eighty five lakhs twenty one thousand and two hundred thirty five.

5. Learned counsel for Respondent No.1 argued that in the absence of any stipulation in the auction notice his client cannot be burdened with the dues of electricity payable by