RSA No.3351 of 2010 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

RSA No.3351 of 2010 (O&M).

Date of decision: January 02, 2012.

Uttar Haryana Bijli Vitran Nigam (UHBVN), through its Executive

Engineer

..... Appellant

versus

M/s Smriti Product Pvt. Ltd. and others.

..... Respondents

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT:

Mr.Praveen Gupta, Advocate

for the appellant.

Mr.Saurabh Arora, Advocate

for respondent No.1.

* * *

M.M.S. BEDI, J. (Oral)

C.M.No.12518-C-2011.

Misc. application is allowed.

Appeal is ordered to be restored at its original

number.

RSA No.3351 of 2010

Heard. The Courts below have decreed the suit of

the plaintiff-respondent M/s Samriti Products Private Limited,

respondent No.1, declaring that the plaintiff-respondent is entitled to

have electricity connection to his unit in dispute on payment of a sum

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RSA No.3351 of 2010 (O&M)

of ` 1,67,403/- allegedly due in the name of M/s Krishan Kanhiya Milk

Food Pvt. Ltd., the previous owner of the premises.

It has been held as a concurrent finding of fact by

the Courts below that the Notification relied upon by the defendant-

appellant dated 27.11.2001, will not be applicable in the present case

as the connection had been applied by the plaintiff-respondent in the

year 1999. The Courts below have rightly distinguished the judgment

in Dakshin Haryana Bijli Vitran Nigam Limited Vs.M/s Paramount

Polymers Pvt. Ltd., AIR 2007, Supreme Court, 2, as the said

judgment pertains to a case after the date of Notification dated

27.11.2011. The previous dues existing against M/s Krishan Kanhiya

Milk Food Pvt. Ltd., have rightly been held to be not recoverable from

the subsequent purchaser defendant-respondent No.1, M/s Samriti

Products Private Limited, in the garb of subsequent Notification dated

27.11.2001.

No substantial question of law arises in the present

appeal.

Dismissed.

(M.M.S. BEDI)

January 02, 2012.

JUDGE

rka

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