D. Y. CHANDRACHUD, HIMA KOHLI, PAMIDIGHANTAM SRI NARASIMHA
K. C. Ninan – Appellant
Versus
Kerala State Electricity Board – Respondent
JUDGMENT :
Dhananjaya Y. Chandrachud, CJI.
| Table of Contents | |
| A. | Overview |
| B. | Regulatory Regime |
| C. | The position in law |
| D. | Issues |
| E. | Submissions |
| F. | Analysis |
| G. | Application: Facts of Individual Cases |
| I. Kerala | |
| II. Maharashtra | |
| III. Gujarat | |
| IV. Assam | |
| V. West Bengal | |
| H. | Equity and Fairness |
| I. | Conclusions |
A. Overview
1. The nineteen cases in this batch of appeals follow a similar pattern of facts. The supply of electricity was discontinued due to the failure of the previous owners to pay the dues for consumption of electricity on the premises. The previous owners had borrowed money or raised loans on the security of their premises. In some cases, the erstwhile owner went into liquidation. The premises were sold in auction sales generally on an “as is where is” basis. The new owners, who purchased the properties in auction, applied for new electricity connections for the premises to which electricity had been disconnected for failure to pay the dues. The Electric Utilities refused to provide an electricity connection unle
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