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2006 Supreme(Del) 589

MADAN B.LOKUR, MARKANDEY KATJU
MADHU GARG – Appellant
Versus
NORTH DELHI POWER LTD. – Respondent


MARKANDEYA KATJU, J.

( 1 ) THIS writ appeal has been filed against the impugned common judgment of the learned Single Judge dated 9. 11. 2005 by which six writ petitions were disposed of.

( 2 ) HEARD learned Counsel for the parties and perused the record.

( 3 ) THE facts in detail have been set out in the detailed judgment of the learned single Judge and hence we are not repeating the same except where necessary.

( 4 ) THE short question in these appeals is that if there are electricity dues against the owner of a premises who transfers the premises to a new owner, can the new owner be compelled to pay the electricity dues of the previous owner, and can the electricity department / company refuse to supply electricity to the premises for such non-payment.

( 5 ) THE learned Counsel for the appellant strongly relied on the Supreme Court decision in Isha Marbles v. Bihar State Electricity Board, (1995) 2 SCC 648. We have carefully perused the said decision. In that decision the facts were that the previous owner of the premises in question had mortgaged/hypothecated the premises to secure a loan from the State Financial Corporation. Since the loan was not repaid the property was aucti



























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