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SUNITA AGARWAL, VIPIN CHANDRA DIXIT
Rkg Industries LLP – Appellant
Versus
Uttar Pradesh Power Corporation Limited – Respondent
JUDGMENT :
Heard Sri Anurag Khanna learned Senior Advocate assisted by Sri Sandeep Arora and Sri V.K. Shukla learned Counsels appearing for the review applicant, Sri Baleshwar Chaturvedi learned counsel for the respondent No. 2, Sri K.M Asthana learned counsel for the respondent No. 4.
2. The present review petition has been filed seeking for recall/review of the judgement and order dated 30.9.2022 passed by this Court after the review-applicant had approached the Apex Court in a Special Leave Petition (Civil) Diary No. 462 of 2023, decided vide judgement and order dated 13.2.2023. On the submission of the learned counsel for the petitioner therein that certain error in the judgement of the High Court with reference to certain clauses had been made and a view different from the division bench decision of the very same High Court had been taken, permission was granted to the petitioner to withdraw the Special Leave Petition with liberty to file review.
3. The issue raised in the review application is about the correctness of the decision given by us dated 30.9.2022 wherein consider
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.
(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....
An auction purchaser is liable for existing property dues, including electricity arrears, under an 'as is where is' sale, and claims for time-barred debts are unlawful.
Past liabilities of a corporate debtor cannot be imposed on the auction purchaser when seeking a new connection, based on the clean slate principle under insolvency law.
That electricity dues, where they are statutory in character under the Electricity Act and as per the terms and conditions of supply, cannot be waived in view of the provisions of the Act itself more....
The judgment establishes the principle that statutory regulations in force at the time of the application for electricity connection govern the release of the connection, and the petitioner was bound....
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