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2010 Supreme(Guj) 296

K.S.JHAVERI
ABHISAR DEVELOPERS – Appellant
Versus
TORRENT POWER LIMITED – Respondent


Advocates Appeared:
MR MAYUR RAJGURU, MR B.T. RAO AND MR H.A. DAVE for Petitioners
MR KB PUJARA for Respondent(s): 1,

JUDGMENT

1. In all these petitions common question of law is raised and therefore all these petitions were heard together and are being decided by this common judgement.

2. In all these petitions the respondent licensee Electricity Company had granted electric connections to the respective premises long back. The said electric connections were disconnected by the Respondent Company in exercise of its powers under section 24 of the Indian Electricity Act, 1910, due to non-payment of electrical energy charges as well as the corresponding Government Electricity Duty and Tax and Tax on sale of electricity.

2.1 The petitioners herein have purchased the concerned premises (wherein the electricity supply was discontinued due to non payment of charges) in auction held in winding up proceedings under the Companies Act,1956 or under Secularization and Reconstruction of financial Assets and Enforcement of Security Interest Act, 2002.

2.2 When the petitioners approached the respondent electricity company for electric supply at the said premises the respondent insisted that unless and until the outstanding dues of the electric connections at the said premises are paid the respondent company would
































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