SHAJI P. CHALY
G. Nagendran Bharat Wheat Product(P) Ltd. – Appellant
Versus
Kerala State Electricity Board – Respondent
JUDGMENT :
Petitioner is the Managing Director of a private limited company registered under the Indian Companies Act, 1956 having its office at Edayar, Ernakulam District. The petitioner had responded to a notification issued by the official liquidator, High Court of Kerala, regarding the sale of some of the assets of a company in liquidation viz., M/s.A.M.A Food Products (P) Limited in Company Petition No.11/2003. The petitioner was a successful bidder as regards Lot No.5 and the sale was confirmed in favour of the petitioner, evident from Exhibit P1 communication dated 14.6.2010 issued by the official liquidator for an amount of Rs.1,62,88,000/-(Rupees One Crore Sixty Two Lakhs and Eighty Eight thousand only) and directed the petitioner to pay the entire balance amount due.Petitioner had made the payment and consequently, the immovable and movable assets of the company in liquidation were handed over to the petitioner by the official liquidator as per Exhibit P2 proceedings dated 2.12.2010. The assets purchased and handed over consisted of land, factory building and machinery of the company in liquidation, which were used to operate a flour mill. The challenge in the writ petitio
Ahmedabad Electricity Company Ltd. v. Gujraj Inns Pvt. Ltd. And Ors. (2004) 3 SCC 587
AI Champdany Industries Ltd. v. Official Liquidator [(2009) 4 SCC 486]
Haryana State Electricity Board v. Hanuman Rice Mills
Isha Marbles v. Bihar State Electricity Board and Another 1995 KHC 1280 : 1995 (2) SCC 648
K.J. Dennis v. Official Liquidator 2001 (3) KLT 75
M/s Hyderabad Vanaspathi Ltd. v. A. P. State Electricity Board (AIR 1998 SC 1715)
Purushothaman v. KSEB 2007 (2) KLT 827
Ramachandran v. K.S.E.Board (2000 (2) KLT 694)
Souriyar Luka v. K.S.E. Board 1959 KLT 14
Seena B. Kumar v. Asst. Executive Engineer (2003 (3) KLT 987)
An encumbrance to be a charge must be such a burden on land which, by reason of a statutory provision diminishes value of the land and such a burden, therefore, is capable of being found out on inspe....
(1) Duty to supply electricity under Section 43 of 2003 Act is not absolute and is subject to such charges and compliances stipulated by Electric Utilities as part of application for supply of electr....
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
The auction purchaser is liable for the previous owner's electricity dues under the U.P. Electricity Supply Code 2005, as the statutory provisions impose a duty to verify such dues.
The main legal point established in the judgment is that the electricity board cannot claim outstanding dues from the auction purchaser if no charge was created on the property, and electricity dues ....
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