Back
SABYASACHI BHATTACHARYYA
Regal Ingot Private Limited – Appellant
Versus
Damodar Valley Corporation – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J :
1. The writ petition has been filed primarily seeking restoration of electricity connection of the petitioners. The said connection was severed on August 1, 2011 for non-payment of electricity charges. It is relevant to mention that the writ petitioners are consumers of the Damodar Valley Corporation (DVC)-respondent no.1 in the State of Jharkhand. By operation of the Jharkhand State Electricity Regulatory Commission (JERC) Regulations, the power purchase agreement between the parties automatically expired 180 days after such disconnection.
2. The DVC filed a money suit bearing Money Suit No.29 of 2014, claiming Rs.1,01,46,469/-as dues for May, 2010 to July, 2011.
3. Prior to the filing of the suit, the DVC had filed a winding up proceeding against the petitioner under the Companies Act, 1956 claiming the same outstanding dues. On February 7, 2014, this Court directed the petitioner to pay the amount in ten (10) installments, against which the writ petitioners preferred an appeal before the Division Bench. The Division Bench, vide Order dated July 2, 2014, allowed the appeal, granting DVC the liberty to file a suit, pursuant to which the money s
The main legal point established in the judgment is that the DVC could claim dues on the basis of differential amounts of charges in 2021, after the final tariffs were fixed in 2020. However, the DVC....
In the absence of any nexus between the new owner and the previous owner/occupant, the new owner is not liable for outstanding electricity dues left by the previous owner/occupant.
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
New owners of properties are liable to pay fixed electricity charges of prior tenants, while charges deemed unlawful cannot be enforced against them.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
