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2021 Supreme(Kar) 287

KRISHNA S.DIXIT, PRADEEP SINGH
OPG Power Generation Pvt. Ltd. – Appellant
Versus
Gulbarga Electricity Supply Co. Ltd. – Respondent


Advocates Appeared:
For The Appellant : Shri G.S. Khannur, Shri Shivaraj C. Bellakki, Adv.
For The Respondent: Shri B.S. Kamate, Adv.

JUDGMENT :

This Intra Court Appeal seeks to lay a challenge to the Judgment & Order dated 24.02.2021 rendered by a learned Single Judge whereby appellant’s W.P.No.109192/2017 having been dismissed the stand of the respondent Electricity Supply Company that the payment of arrears of electricity charges in respect of subject property is a precondition for the sanctioning of power connection is upheld.

2. Some reprieve is granted by the learned Judge to the appellant, as can be construed from the following text of operative portion of the impugned order:

    “i) The writ petition is disposed of.

ii) In the event, the petitioner paying entire arrears as demanded by the respondents, the petitioner would be entitled for fresh connection of electricity.

iii) If after payment of money by the petitioner, the respondents recover the money from the previous consumer, the same shall be paid to the petitioner.”

3. The respondents having entered appearance through their Panel Counsel vehemently resist the appeal making submission in justification of the impugned order and the reasons on which it has been constructed; the panel counsel for the Supply Company contends that this being an Intra Court Appeal

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