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2005 Supreme(Guj) 574

K.S.JHAVERI
RAIPUR (RAKHIAL) COMMERCIAL CO-OP HOUSING SOCIETY LTD – Appellant
Versus
AHMEDABAD ELECTRICTY CO LTD – Respondent


Advocates Appeared: Amar N.Bhatt, MAYUR RAJGURU, P.K.JANI, RATNA VORA, S.N.Soparkar

K. S. JHAVERI, J.

( 1 ) THESE three petitions raise a common question and are directed against the action of respondent Ahmedabad Electricity Company Limited (for short, the Company ) of insisting upon the payment of the arrears of electricity dues in respect of the power supplied to the previous owners as a condition precedent for the restoration of electric connection in the premises of the new owners. Hence, they are disposed of by this common judgment.

( 2 ) THE facts leading to the filing of Special Civil Application No. 15737 of 2004 are as under; (1) The petitioner in this petition is a Co-operative Society registered under the provisions of the Gujarat Co-operative Societies Act, 1961, engaged in commercial activities and in the construction of houses for its members. Respondent no. 2 herein, M/s. Ajar Enterprises Pvt. Ltd. , had purchased the assets of one Raipur Manufacturing Company Limited for Rs. 13. 30 crores, pursuant to the winding-up proceedings in Company Petition No. 114 of 2001 held before this Court. The said petition was filed on 14. 06. 2001 and it came to be disposed of on 15. 10. 2001. (2) As per the conditions of the said auction, the assets of the Company

















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