S.G. SHAH

1. We have heard Ms. Lilu Bhaya, learned counsel for the applicant on the delay condonation application, Mrs. Sangeeta Pahwa, learned counsel appearing for opponent No.1 and Mrs. Krina Calla, learned A.G.P for opponent No.2 at length on 28.1.2013.

2. Rule. Learned advocate Mrs. Sangeeta Pahwa waives service of rule for opponent No.1 and Mrs. Krina Calla, learned A.G.P. waives service of rule for opponent No.2.

3. Before coming to the present application, it would be appropriate to recollect the details of litigations reaching upto the present Civil Application for condontation of delay in filing the Letters Patent Appeal against the order passed by learned Single Judge in Special Civil Application No.21284 of 2006. Special Civil Application No.21284 of 2006 was preferred by one M/s.Amardeep Association in the month of October 2006, claiming appropriate writ and directions against the Dakshin Gujarat Vij Company Ltd. and to grant permission for provisional power connection in respect of lands and properties covered by Survey Nos.336/1 (336, 336/P and 336/3 Hissa No.1) (C.S.No.1714 Tika No.36) and Vejalpore Survey Nos.311/P, 310/1, 310/2, 310/5, 310/7, 307/1, 308/1, 301/A/2 and 301/B forthwith. Though the facts, details and issues either before the learned Single Judge in such Special Civil Application or before us in Letters Patent Appeal may not be much relevant for consideration of application for condonation of delay, since the learned advocate for the opponent has argued in detail and referred several factual details, we are obliged to deal with all such factual details.

4. From the record, it becomes clear that all such lands were originally owned by Navsari Cotton and Silk Mills Ltd. and when it becomes sick industrial company in terms of SICA, a reference was made to BIFR in the year 1990 when BIFR sanctioned a rehabilitation scheme in the year 1991 and revised it in the year 1996. During the process of such rehabilitation scheme, present opponent has purchased the land and applied for electricity connection in view of the directions issued by the BIFR in its scheme, which was sanctioned under the provisions of Section 18 of the Sick Industrial Companies Act. The sum and substance of the Special Civil Application is to the effect that opponent herein is entitled to the power connection from the applicant as a new owner and seeking fresh power connection. Whereas applicant has passed an order on 20.09.2005 that in view of the arrears of electricity from the old owner of such premises, no new power connection can be given. Thereby the basic issue between the ligitants herein is relating to the old dues of predecessor in title from new owner for release of new electricity connection for the same premises.

5. Before proceeding further with the facts and details of this case, it would be appropriate to recollect here that such issue was referred to the larger Bench of this Court in the case of Apurva Chemicals & Ors. in Special Civil Application No.2582 of 2012. The order and judgment dated 3.12.2012 in such Special Civil Application has been challenged before the Hon ble Apex Court by filing Special Leave to Appeal (Civil) No.37871 of 2012 by the present applicant being Dakshin Gujarat Vij Company Ltd. wherein by an order dated 11.12.2012, while issuing notice, the Apex Court has stayed the impugned order of this Court, which otherwise confirms that old dues of predecessor cannot be recovered from new owner for release of new electric connection for the same premises. Therefore, atleast until such SLP is decided by the Hon ble Apex Court, the issue regarding recovery of old dues of the predecessor in title for the same premises from new owner for release of new electric connection for the same premises remains sub-judice and authority lower than the Apex Court may not take any final decision on such issue. The same principle will apply to the electricity companies, more particularly, when they are semi-Governme