Y.R.MEENA, D.A.MEHTA
TORRENT POWER A. E. G. LTD. – Appellant
Versus
SHREEJI (RAKHIAL) COMMERCIAL CO-OPERATIVE HOUSING SOCIETY LTD. – Respondent
( 1 ) THIS Letters Patent Appeal challenges judgment and order dated 31st August, 2005 passed by the learned single Judge in Special civil Application No 15545 of 2004 The appellant herein is the original respondent and the respondent is the original petitioner Hereinafter, for the sake ot convenience, the parties shall be referred to as per their respective description in the petition
( 2 ) THE petitioner approached the respondent-Electricity Company for grant of electric connection The respondent-Electricity Company, instead of granting the connection, called upon the petitioner to pay the outstanding dues amounting to Rs 12,30,16,068-54 which were due from the erstwhile owner ot the premises up to the date of dis-connection i e 15th July, 1999 The petitioner, therefore, challenged the said claim and the refusal to grant electric connection by way ot a writ petition which came to be allowed by the learned single Judge vide the impugned judgment
( 3 ) THE respondent-Electricity Company in the present appeal has assailed the impugned judgment principally on the ground that the learned single Judge has erred in placing reliance on the decisions of Supreme Court in ca
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