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2012 Supreme(Guj) 557

BHASKAR BHATTACHARYA, A.L.DAVE, V.M.Sahai
TORRENT POWER LTD. – Appellant
Versus
ABHISAR DEVELOPERS – Respondent


Advocates Appeared:
Mihir Thakore, Sr. Counsel with K.B. Pujara, for the Appellant.
Percy Kavina, Sr. Counsel with Mayur Rajguru, Anal S.Shah and P. K.
Pancholi, for the Respondents.

JUDGMENT

BHASKAR BHATTACHARYA, J.

These matters have been referred to a Larger Bench by a Division Bench presided over by the then the Chief Justice by order dated 1st August, 2011 as Their Lordships were of the view that having regard to the provisions contained in Secs. 43 and 45 of the Electricity Act, 2003 ("the Act", hereafter), the judgment rendered by a Division Bench of this Court in the case of Torrent Power v. Shreeji Comm. Co-op. Housing Society, reported in 2006 (3) GLR 1944 requires reconsideration.

2. The facts giving rise to the filing of these Letters Patent Appeals are almost identical. However, for the purpose of discussion of the facts, the L.P.A. No. 2240 of 2010 is taken as the lead matter, and the facts may be summed up thus :

2.1. The appellant, Torrent Power Limited, granted electric connection bearing Service No. HT-19 in the name of M/s. New Gujarat Synthetic Mills Co. Limited. The said service was disconnected on 12th September, 1986 due to non-payment of electrical energy charges of Rs. 59,16,493/-, tax on sale of electricity Rs. 2,27,163/- and deferment of electricity duty Rs. 16,52,513/-, making a total of Rs. 77,96,169/-. The outstanding dues including i















































































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