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2007 Supreme(Bom) 1251

P.V.KAKADE, P.R.BORKAR
Akanksha International, through its Proprietor – Appellant
Versus
Maharashtra State Electricity Distribution Co. Ltd. , through – Respondent


Advocates:
Advocate Appeared
Mr. S.V.Advant, advocate for the petitioner
Mr. H.M.Karwa, advocate for the respondent

JUDGMENT : (PER P.R.BORKAR,J.)

1. This is a petition filed by the Proprietor of M/s Akanksha International, which has purchased the land, building, plant and machinery of M/s Amar Amit Jalna Alloys Private Limited in auction sale conducted by the secured creditor under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as, "the Securitisation Act, 2002"), for direction to the respondent Electricity Distribution Company to consider application for fresh electricity connection to the petitioner and to quash and set aside the letter dated 1.6.2007 issued by the respondent to the petitioner as illegal. By the said letter the respondent has insisted on the petitioner to pay an amount of Rs.3,30,78,926.87 plus interest which were arrears of electricity charges due from erstwhile consumer M/s Amar Amit Jalna Alloys Private Limited.

2. The petitioner stated that the State Bank of India, Jalna Branch had granted financial assistance to M/s Amar Amit Jalna Alloys Private Limited, D-52/5, Additional M.I.D.C., Jalna. Against the said borrowing, M/s Amar Amit Jalna Alloys Priva











































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