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2021 Supreme(P&H) 448

SUDHIR MITTAL
Venus Real Con LLP – Appellant
Versus
Dakshin Haryana Bijli Vitran Nigam Limited – Respondent


Advocates Appeared:
Anand Chhibbar, Advocate, Lalit Thakur, Advocate, Shikhar Sarin, Advocate, Samil Malik, Advocate, Aman Malik, Advocate, Aakansha Sawhney, Advocate

JUDGMENT

Sudhir Mittal, J. - The petitioner submitted an application dated 9.6.2019 for release of electricity connection (non-domestic). A copy of the same is on record as Annexure P-5. The same has been rejected vide communication dated 27.7.2019 on the ground that the land for which electricity connection was sought was earlier owned by respondent No.4-M/s Haryana Concast Limited (hereinafter referred to as 'Concast') and the said entity was in arrears of a sum of Rs.1,67,51,154/-. According to the instructions of Dakshin Haryana Bijli Vitran Nigam limited (hereinafter referred to as the 'Nigam'), an electricity connection cannot be released till the previous dues are cleared. A copy of this communication is on record as Annexure P-6. Aggrieved by this communication, the present writ petition has been filed.

2. The un-disputed facts are that Concast went into liquidation and was ordered to be wound up by the High Court vide order dated 28.10.1999. Its assets were taken over by the official liquidator and claims were received from its creditors. The Nigam also submitted its claim for outstanding electricity dues which was accepted. The only secured creditor of Concast was Bank of I

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