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2005 Supreme(Kar) 147

N.KUMAR
B. K. SYED ZAKIR – Appellant
Versus
BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED – Respondent


Advocates:
L.M.Chidanandayya, N.K.Gupta

N. KUMAR, J.

( 1 ) THE property bearing Sy. No. 43/h, Old Sy. No. 43 situated at kotehal Village, Basavapattana Panchayat Limits, Channagiri Taluk, davanagere District, belongs to M/s. K. G. N. Rice Industries Limited. They had availed loan from KS. F. C. to set up the said industry. They had also obtained power supply from Karnataka Electricity Board. When they committed default in repayment of loan to K. S. F. C. , the k. S. F. C. in exercise of its power under Section 29 of the State Financial corporations Act, 1951, seized the entire unit and sold the same in public auction. As the petitioner was the highest bidder the KS. F. C. sold the entire property including the power connection to the petitioner. A registered sale deed came to be executed on 30-9-2003 as per annexure-B.

( 2 ) AS the erstwhile owner had committed default in payment of electricity charges the electricity had been disconnected. The K. E. B. had filed a suit in O. S. No. 2 of 2003 before the Civil Judge Court, davanagere, for recovery of the electricity dues from the said previous owner. The said suit is still pending enquiry.

( 3 ) THE petitioner made an application to the respondents for fresh electricity co















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