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
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
Ahmedabad Electricity Co. Ltd. v. Gujarat Inns Pvt. Ltd. & Others (2004) 3 SCC 587
Haryana State Electricity Board v. Hanuman Rice Mills
Hyderabad Vanaspathi Ltd. v. A.P. State Electricity Board & Others; (1998) 4 SCC 470
Isha Marbles v. Bihar State Electricity Board & Another (1995) 2 SCC 648
M/s Hyderabad Vanaspati Ltd. v. AP SEB [(1998) 2 S.C.R. 620
Mardia Chemicals Ltd. & Others v. Union of India & Others; (2004) 4 SCC 311
Mathew Varghese v. M. Amritha Kumar & Others; (2014) 5 SCC 610
Sanjay Balvantrai Desai & 2 v. Dakshin Gujarat Vij Company Ltd. & 3; AIR 2013 Guj 167
Southern Power Distribution Company of Telangana Limited v. Gopal Agarwal & Others (2018) 12 SCC 644
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