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2010 Supreme(Gau) 385

R.S.GARG, HRISHIKESH ROY
Carbon Resources Pvt. Ltd – Appellant
Versus
Assam Electricity Regulatory Commission and Ors – Respondent


Advocates Appeared:
A.K. Sinha, Sr. Counsel, G.N. Sahewalla, Md. Aslam, D. Senapati, J. Bora, A.K. Thakur, B.D. Das, Sr. S.C., ASEB

Judgement


HRISHIKESH ROY, J. :- Heard Mr. Ajit K. Sinha, the learned Senior counsel appearing for the petitioner. Mr. B. D. Das, learned Senior Standing Counsel of the Assam State Electricity Board represents the respondents 2 to 5 - who are referred to hereinafter as "the Distributor". Mr. A. K. Thukur represents the Regulatory Commission (respondent No. 1).


2. The issue that needs to be answered in the instant case is whether the petitioner as an auction purchaser is obliged to clear the electricity dues of the previous consumer, before he can be supplied electricity in the premises, where connection was disconnected for non-payment of power dues.


RELEVANT FACTS


3.1. On 29-12-2007, an Auction Sale Notice was published by the Recovery Officer of the Debt Recovery Tribunal (DRT), Guwahati in respect of M/s. Eastern Steel and Alloys Company Ltd.s hypothecated premises and land measuring 16 Bighas, 1 Katha, 12 Lachas with AT (Assam Type) and RCC Building/Sheds etc. besides scraps of plant and machinery and boundary wall on "As is where is basis".


3.2. The petitioner was the only one who responded to the sale notice and the DRT by order dated 24-3-2008 ordered confirmation of sale at the p

















































































































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