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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Polybond Rock Fibre Pvt. Ltd., Through Its Authorized Signatory/Coordinator Shri Hira Swami Naidu, S/o. Late Narayan Swami Naidu – Appellant
Versus
Chhattisgarh State Power Distribution Company Limited (CSPDCL) – Respondent
| Table of Content |
|---|
| 1. auction sold on 'as is where is' basis includes all liabilities. (Para 2 , 7 , 9) |
| 2. arguments over liability for prior owner's debts. (Para 3 , 4 , 5) |
| 3. electricity dues liability clarified in context of auction. (Para 8 , 10 , 11) |
| 4. obligation to clear electricity dues is legally enforceable. (Para 12 , 13 , 14) |
| 5. petitioner's request for relief dismissed. (Para 15 , 16) |
Order :
BIBHU DATTA GURU, J.
1. By the present petition, the petitioners are seeking for the following relief:-
“10.1 A writ and/or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned pertaining to case of the petitioners for perusal of this Hon'ble Court, if thinks fit in the facts & circumstances of case.
10.2 A writ and/or an order in the nature of mandamus writ do issue directing the respondent State authorities including the bank authorities, jointly and severally, to return the amount illegally recovered for providing electricity connection with accrued interest at the prevailing bank rate including the respondent No.4- bank who has not disclosed existing charge in its advertisement although in possession of the property for years to
An auction purchaser is liable for existing property dues, including electricity arrears, under an 'as is where is' sale, and claims for time-barred debts are unlawful.
The auction purchaser is liable for the previous owner's electricity dues under the U.P. Electricity Supply Code 2005, as the statutory provisions impose a duty to verify such dues.
(1) Duty to supply electricity under Section 43 of 2003 Act is not absolute and is subject to such charges and compliances stipulated by Electric Utilities as part of application for supply of electr....
Past liabilities of a corporate debtor cannot be imposed on the auction purchaser when seeking a new connection, based on the clean slate principle under insolvency law.
The limitation period for recovering electricity dues under Section 56(2) of the Electricity Act, 2003 is two years; claims beyond this period cannot be enforced.
arrears are 'statutory dues'; the power supply is regulated by the contract, does not make them any the less statutory and therefore, the absence of privity of contract does not come to the protectio....
The judgment establishes the principle that statutory regulations in force at the time of the application for electricity connection govern the release of the connection, and the petitioner was bound....
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