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2016 Supreme(Guj) 2243

IN THE HIGH COURT OF GUJARAT
R.M. Chhaya, J.
Torrent Power Ltd. - Applicant
Versus
Official Liquidator of the Ahmedabad Manufacturing and Calic and others - Respondents
Company Application No. 5 of 2011 in Company Petition No. 157 of 1995 With Company Application No. 146 of 2015 in Company Petition No. 47 of 1992
Decided On : 04-07-2016

Advocates Appeared:
For the Applicant :Mr. Kb Pujara, Advocate
For the Respondents:Ms. Amee Yajnik, Advocate. Mr. Hemang M. Shah, Advocate, Mr. Ds Vasavada, Advocate, Mr. Vimal M Patel, Advocate

Headnote:

Companies Act, 1956 - Sections 529, 456 and 457(2A) - Winding up - Recovery of dues - To direct opponent herein do bring to notice of and to inform bidders/intending purchasers/auction purchasers of property and Calilo Printing Mills Company Limited in liquidation of outstanding dues of Torrent Power Ltd and GERC Notification that Torrent Power Ltd would not provide electric connection at same premises unless and until said outstanding dues, together with interest thereon at rate of 15 % per annum as on date of payment, are fully paid to Torrent Power Ltd - Applicants required lodging their claim before Official Liquidator in accordance with provisions of Act and Rules - Applicability of Supply Code more particularly clause 4.1.11 of Regulation concerned same would be case between intending purchaser and electricity Company - Held, Official Liquidator is not duty bound to bring to notice of purchaser or auction purchaser of Company (in liquidation) that there is outstanding dues of electricity Company along with interest unless and until such dues are paid, no connection would be provided by a special mention in sale proclamation as prayed by applicants same de hors provisions of Act and Rules and misconceived in law and facts - Applications dismissed -

JUDGMENT :

R.M. Chhaya, J.

As both these applications relate to identical issue and similar prayers, the same were heard together and are hereby disposed of by common judgment and order.

2. Company Application No.5 of 2011 is filed by the applicant viz. Torrent Power Ltd., which has prayed for the following relief(s):

"(a) To direct the opponent herein do bring to the notice of and to inform the bidders/intending purchasers/auction purchasers of the property of the Ahmedabad Manufacturing and Calilo Printing Mills Company Limited (in liquidation) of the outstanding dues of Torrent Power Ltd. And the GERC Notification dated 20.08.2010 and that Torrent Power Ltd. Would not provide electric connection at the same premises unless and until the said outstanding dues, together with interest thereon at the rate of 15 % per annum as on date of payment, are fully paid to Torrent Power Ltd.;

(b) to direct the opponent herein to incorporate in all the advertisements for sale of assets of any Company in liquidation that may be issued by the opponent herein, the specific term and condition that if there are any outstanding dues of Torrent Power Ltd. From the concerned Company then Torrent Power Ltd. Would not provide electric connection at the same premises unless and until such outstanding dues, together with interest thereon at the rate of 15% per annum as on date of payment, are fully paid to Torrent Power Ltd.

(c) to issue ad-interim directions in terms of paragraph 6(a) and 6(b) above, pending the hearing and final disposal of this application

(d)***."

3. Whereas Company Application No.146 of 2015 is filed by the applicant viz. Paschim Gujarat Vij Company Ltd., wherein it has prayed as under:-

"A. Your Lordships be pleased to direct the Official Liquidator to lodge the claim of the applicant Company to the tune of Rs.38,76,27,154/- crores.

B. Your Lordships be pleased to direct the respondent Official Liquidator to inform all the probable bidders about the pending dues of the applicant company.

C. ***."

4. Heard Mr. K.B. Pujara, learned counsel for the applicant in Company Application No.5 of 2011 and Mr. Rituraj M. Meena, learned counsel for the applicant in Company Application No.146 of 2015, Ms. Amee Yajnik and Mr. J.S. Yadav, learned counsel for the Official Liquidator and Mr. Hemang Shah, learned counsel for the ARCIL, Mr. D.S. Vasavada, learned counsel for the Union in both the matters and Mr. Vimal Patel, learned counsel for respondent No.11 in Company Application No.5 of 2011. Though served, no one appears for other parties.

5. Learned counsel for the applicant in Company Application No.5 of 2011, contended that the applicant came to know on publication of newspaper that the Company viz. "Ahmedabad Manufacturing and Calico Printing Mills Company Ltd.", is ordered to be wound up. Pursuant to such publication, the applicant vide communication dated 19.04.2010 informed the Official Liquidator that the applicant had granted electricity connection at the premises, bearing Service No.HT-39 and Service No. HT- 266 and the said electric connections were disconnected on 17.10.1995 on account of non-payment of dues. In para 2 of the said communication, the applicant had informed that intending purchaser/occupier may also note that the applicant-electricity company will not provide electric connection at the same premises unless and until the outstanding dues, together with interest thereon at the rate of 15% per annum as on date of payment, are fully paid to the applicant Company. It was further contended that the Official Liquidator did not give reply to the same.

6. It was further contended that by Notification No.6 of 2010, Gujarat Electricity Regulatory Commission (hereinafter referred to as "G.E.R.C" for short) amended clause 4.1.11. Relying upon clause 2 of Notification No.6/2010 dated 28.02.2010, it was submitted that as per the amended clause 4.1.11, the application for new connection, reconnection, addition or reduction of load, change of na

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