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2021 Supreme(Chh) 371

P. R. RAMACHANDRA MENON, PARTH PRATEEM SAHU
Chhattisgarh State Power Distribution Company Limited – Appellant
Versus
Maheshwari Steels, A Partnership firm through Partner Murlidhar Rathi S/o Late Durgadasji Rathi – Respondent


Advocate Appeared:
For the Appellant :Shri K.R.Nair, Shri Varun Sharma, Advocate.
For the Respondent:Shri Manoj Paranjpe and Shri P.R.Patankar, Ms. Sharmila Singhai and Shri Sanjay Agrawal, Shri Saleem Kazi and Shri Faiz Kazi, Advocates.

JUDGMENT :

P.R. Ramachandra Menon, J.

1. —Is it obligatory for the purchaser of the premises/property to meet the arrears/Electricity dues of the former consumer for getting a fresh electricity connection or to have the old one restored, when there is no privity of contract, the subsequent purchaser being a stranger?

—What is the nature of the Electricity dues and is it statutory or purely contractual between the Licensee and the Consumer?

—Is there any provision either under the Electricity Act, 2003 (for short 'the 2003 Act') or in the Chhattisgarh State Electricity Supply Code, 2011 (for short 'the Supply Code') or the Chhattisgarh State Electricity Regulatory Commission (Redressal of Grievances of Consumers) Regulations, 2011 (for short 'the 2011 Regulations'), to insist for payment of arrears in respect of the connection given to the premises earlier, from the new owner/occupier of the premises for getting electricity connection?

—If there is any such provision, can the relief be given to the new occupier/owner for getting absolved from the liability without challenging the vires of the said provision and getting it declared ultra vires?

—If there is any such stipulation in the 'Sup

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